826 Amendments of Beata MAZUREK
Amendment 97 #
2023/0290(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Relying on digital technologies has led to new hazards in toys. Radio toys are to comply with essential requirements for the protection of privacy and internet- connected toys are to incorporate safeguards towards cybersecurity and protection from fraud in accordance with Directive 2014/53/EU of the European Parliament and of the Council30 . Toys which include artificial intelligence are to comply with Regulation (EU) …/…[P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]31 . Therefore, particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should not be set out. However, protecting the health of children should not merely ensure the absence of disease or infirmity and relying on digital technologies may pose risks to children which go beyond their physical health. To ensure that children are protected from any risk coming from the use of digital technologies in toys, the general safety requirement should ensure the psychological and mental health, as well as the well-being and cognitive development, of children. on top of sectoral regulations. _________________ 30 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62). 31 PO: Please insert in the text the number of the Regulation and insert the number, date, title and OJ reference of that Regulation in the footnote.
Amendment 135 #
2023/0290(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49 a) Regulation (EU) 2022/2065 of the European Parliament and of the Council lays down rules on the traceability of traders, which more specifically contain obligations for providers of online platforms allowing consumers to conclude distance contracts with producers offering toys to consumers located in the Union. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online platforms should fulfil those obligations with regard to the producer of toys established pursuant to this Regulation. In that context, providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers should obtain from those producers information about their compliance with the extended producer responsibility rules set out in this Regulation. The rules on traceability of traders selling toys are subject to the enforcement rules set out in Regulation (EU) 2022/2065.
Amendment 179 #
2023/0290(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall not impedeprevent, for reasons relating to health and safety or other aspects covered by this Regulation, the making available on the market of toys which comply with this Regulation.
Amendment 187 #
2023/0290(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well- being and cognitive development of children, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
Amendment 213 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal andor electronic address at which they can be contacted on the toy or, where that is not posfeasible, on its packaging or in a document accompanying the toy. Manufacturers shall indicate a single point at which they can be contacted.
Amendment 244 #
2023/0290(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy.
Amendment 276 #
2023/0290(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1 – introductory part
Article 14 – paragraph 2 – subparagraph 1 – introductory part
The Commission may, by means of adopt implementing acts, establishing common specifications forcovering technical requirements that provide a means to comply with the essential health and safety requirements where the following conditions are fulfilled:set out in this Regulation. Those implementing acts shall only be adopted where the following conditions are fulfilled: (a) the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft a harmonised standard for the essential health and safety requirements set out in this Regulation and: (i) the request has not been accepted; or (ii) the harmonised standards addressing that request are not delivered within the deadline set in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or (iii) the harmonised standards do not comply with the request; and (b) no reference to harmonised standards covering the relevant essential health and safety requirements set out in this Regulation has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period.
Amendment 277 #
2023/0290(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1 – point a
Article 14 – paragraph 2 – subparagraph 1 – point a
Amendment 278 #
2023/0290(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1 – point b
Article 14 – paragraph 2 – subparagraph 1 – point b
Amendment 281 #
2023/0290(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
By way of derogation from the first subparagraph, in the case of small toys and toys consisting of small parts, the CE marking may be affixed to a leaflet accompanying the toy or a product passport.
Amendment 284 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) correspond to a specific toy model, unless the differences between the models are meaningless for the purpose of ensuring the safety of that toy;
Amendment 295 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point i a (new)
Article 17 – paragraph 2 – point i a (new)
(i a) be compatible for the purpose of transmiting product information via the Safety Gate Rapid Alert System and Safety Business Gateway outlined in accordance with Articles 25, 26 and 27 provided for in Regulation (EU) 2023/988.
Amendment 300 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 303 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – introductory part
Article 17 – paragraph 10 – subparagraph 1 – introductory part
The Commission shall adopt implementing acts determining theonly the essential, specific and technical requirements related to the product passport for toys. Those requirements shall cover in particular the following:
Amendment 309 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 10 a (new)
Article 17 – paragraph 10 a (new)
10 a. The Commission is obliged to ensure substantial assistance, either directly or through relevant national authorities, to SMEs and micro- enterprises in establishing a product passport for their toys. This support shall encompass the provision of complimentary training sessions, financial allocations for training initiatives, and access to cost-free software solutions. The Commission shall issue comprehensive guidelines and tailored guidance to facilitate the effective setup and operation of the product passport, including the development of an automatic translation tool for the languages specified in paragraph 2(e). These support measures shall be fully operational no later than [OP to insert date = 12 months after the entry into force of this Regulation].
Amendment 384 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 3054 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 42 months after the date of entry into force of this Regulation].
Amendment 391 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Chapter VII of this Regulation shall apply mutatis mutandis instead of Article 42, 43 and 45 of Directive 2009/48/EC to toys which were placed on the market in conformity with that Directive before … [PO insert date: the first day of the month following 3054 months after the date of entry into force of this Regulation], including toys for which a procedure has already been initiated under Article 42 or 43 of Directive 2009/48/EC before … [PO insert date: the first day of the month following 3054 months after the date of entry into force of this Regulation].
Amendment 393 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. EC type-examination certificates issued in accordance with Article 20 of Directive 2009/48/EC shall remain valid until … [PO insert date: the first day of the month following 4266 months after the date of entry into force of this Regulation], unless they expire before that date.
Amendment 397 #
2023/0290(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. By … [OP please insert the date = the first day of the month following 6072 months after the date of entry into force of this Regulation] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findings.
Amendment 398 #
2023/0290(COD)
Proposal for a regulation
Article 55 – paragraph 1 a (new)
Article 55 – paragraph 1 a (new)
1 a. The report shall include an assessment on the Regulation’s effect on the safety of toys' users and the proper functioning of the internal market, as well as a detailed summary of positive and negative effects on businesses, including costs of operations and competetivnes, in particular for small and medium-sized enterprises. The report shall include analysis based on quantified data;
Amendment 399 #
2023/0290(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Where the Commission finds it appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation.
Amendment 401 #
2023/0290(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
It shall apply from … [OP please insert the date = the first day of the month following 3054 months after the date of entry into force of this Regulation].
Amendment 417 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part I – point 9
Annex II – Part I – point 9
9. Toys shall be designed and manufactured in such a way, in terms of the maximum values for impulse noise and continuous noise, that the sound from them is not able to impair children’s hearing, provided that such toys are designed to emit a sound.
Amendment 423 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part III – point 7 – point c
Annex II – Part III – point 7 – point c
(c) toy components necessary for electronic or electric functions of the toy where the substance or mixture is fully inaccessible to children, including by inhalation, when the toy is used as specified in the first subparagraph of Article 5(2).
Amendment 425 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part IV – point 1 – paragraph 2
Annex II – Part IV – point 1 – paragraph 2
Internal voltages shall not exceed 24 volts DC or the equivalent AC voltage unless it is ensured that the voltage and the current combination generated do not lead to any risk for health and safety or any harmful electric shock, even when the toy is broken.
Amendment 439 #
2023/0290(COD)
Proposal for a regulation
Annex III – point 1 – paragraph 2 – introductory part
Annex III – point 1 – paragraph 2 – introductory part
Amendment 455 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part I – point k
Annex VI – Part I – point k
Amendment 54 #
2023/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down technical requirements, administrative requirements and procedures, for the EU type-approval and pcirculacting on the marketpublic roads of non-road mobile machinery intended to circulate on public roads.
Amendment 57 #
2023/0090(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to non-road mobile machinery where it is placed on the market and intended to circulate, with or without a driver, on a public road.
Amendment 60 #
2023/0090(COD)
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 – point f
Article 2 – paragraph 2 – subparagraph 1 – point f
(f) individual approvals of non-road mobile machinery for circulating on public roads, granted in accordance with national legislation, subject to urgent need essential for national security and to non- road mobile machinery that complies with that national legislation;
Amendment 64 #
2023/0090(COD)
(1) ‘non-road mobile machinery’ means any self-propelled mobile machinery, falling within the scope of Directive 2006/42/EC, that is designed or constructed with the purpose to perform workmight need, whether occasionally or often, to circulate on public roads, mostly to move from one working place to another;
Amendment 67 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point c
Article 3 – paragraph 1 – point 24 – point c
(c) enginpower drive (internal combustion/hybrid/electric/hybrid- electric),
Amendment 77 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30
Article 3 – paragraph 1 – point 30
(30) ‘recall’ means any measure aimed at achieving the return of non-road mobile machinery that has already been made available to the end-usergranted approval to circulate on public roads;
Amendment 78 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘withdrawal’ means any measure aimed at preventing non-road mobile machinery in the supply chain from being made available on the marketcirculating on public roads .
Amendment 83 #
2023/0090(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall organise and carry out market surveillance activities and controls of non-road mobile machinery entering the marketcirculating on public roads in accordance with Chapters IV, V and VII of Regulation (EU) 2019/1020.
Amendment 84 #
2023/0090(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Manufacturers shall ensure that non-road mobile machinery that they place on the market to circulate on public roads belongs to a type that has been granted an EU type-approval and it is designed and manufactured in accordance with that type.
Amendment 86 #
2023/0090(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Manufacturers who have sufficient reason to believe that a non-road mobile machinery which they have made available on the market to circulate on the public roads is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that non-road mobile machinery into conformity, to withdraw it or to recall it, as appropriate.
Amendment 90 #
2023/0090(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
Manufacturers shall examine any reasoned complaints they receive relating to risks, suspected incidents or non-compliance issues with the non-road mobile machinery that they have placed on the market.
Amendment 98 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part
Article 15 – paragraph 2 – subparagraph 1 – introductory part
The Commission is empowered to adopt delegated acts in accordance with Article 47 concerning detailed, non- discriminatory rules on the requirements related to road circulation, set out in paragraph 1 for the following elements:
Amendment 102 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
Article 15 – paragraph 2 – subparagraph 1 – point a
(a) vehiclmachine structure integrity;
Amendment 104 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point j
Article 15 – paragraph 2 – subparagraph 1 – point j
(j) vehiclmachine exterior and accessories in on road position, including working equipment and swinging structure;
Amendment 119 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 4
Article 15 – paragraph 2 – subparagraph 4
The delegated acts referred to in the first subparagraph shallmay specify the classes or categories concerned by the detailed rules and may provide different detailed rules for different classes or categories of non-road mobile machinery.
Amendment 121 #
2023/0090(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. NWhen intended to circulate on public road, non-road mobile machinery shall not be made available on the market, registered or entered into service, unless it is in conformity with this Regulation.
Amendment 127 #
2023/0090(COD)
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. The communication referred to in paragraph 6 shall specify, in particular, the date of production and the vehicla unique identification number of the last non-road mobile machinery produced.
Amendment 147 #
2023/0090(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The information referred to in paragraph 2 shall be provided in the operator’s manual for road use or as a distinguished part of other operator's instructions.
Amendment 149 #
2023/0090(COD)
Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 2
Article 34 – paragraph 4 – subparagraph 2
When the operator’s manual is provided in electronic format, the manufacturer shall provide information in printed or paper format on how to access or find that manual, in the official languages of the Member State where the non-road mobile machinery is to be placed on the market, registered or entered into service.
Amendment 156 #
2023/0090(COD)
Proposal for a regulation
Article 52 – title
Article 52 – title
Amendment 157 #
2023/0090(COD)
By way of derogation from this Regulation, until …[please insert date: 8 years from the date of application], Member States may continue to apply any national legislation on national type- approval of non-road mobile machinery for circulating on public roads on non-road mobile machinery that is placed on the market between ….. [Please insert date of application] and …[please insert date: 8 years from the date of application]in small series or is essential for national security. During that period, the manufacturer may choose either to apply for EU type-approval or to comply with relevant national legislation.
Amendment 103 #
2023/0083(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16 , according to which producers should provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice. To complement those measures, access for independent repairers, remanufacturers, refurbishes and consumers to spare parts and at minimum technical diagram of the device should be provided for a period foreseen by the relevant Union laws. Consequently, the consumer will be able to select a repairer or other provider of its choice or where capable, carry out the repair on its own. Complexity and safety of the repair is linked with the type of device. Where it could be reasonably foreseen that the performance of repair by the average consumer could lead to safety hazard or requires advanced tools, the producers should explicitly warn the consumer. __________________ 16 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).
Amendment 114 #
2023/0083(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Promoting reparability within the EU necessitates a combination of actions beyond just regulatory measures. This directive should be complemented by efforts to address the existing skills gap, ensuring the availability of reparability services within the European Union, including through unimpeded cross- border provision of repair services. Furthermore, the EU should consider approaches like offering reduced VAT rates, repair incentives, or tax cuts on services and labour to enhance the demand for reparability services.
Amendment 137 #
2023/0083(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Member States should ensure that all economic operators that may provide repair services in the Union have easy access to the online platform, in line with mutual recognition. Member States should be free to decide which repairers can register on the online platform as long as access to that platform is reasonable and non-discriminatory for all repairers in accordance with Union law. Enabling repairersMember States should especially fully apply the provisions foreseen in Directive (EU) 2018/958 and Articles 5, 6 and 7 of Directive (EU) 2005/36/EC. Enabling repairers, whether covered by professional qualifications or not, from one Member State to register on the online platform in another Member State in order to provide repair services in areas that the consumer searched for should support the cross- border provision of repair services. It should be left to Member States’ discretion how to populate the online platform, for instance by self-registration or extraction from existing databases with the consent of the repairers, or if registrants should pay a registration fee covering the costs for operating the platform. To guarantee a wide choice of repair services on the online platform, Member States should ensure that access to the online platform is not limited to a specific category of repairers. While national requirements, for instance, on the necessary professional qualifications, continue to apply, Member States should ensure that the online platform is open to all repairers that fulfil those requirements. Member States should also be free to decide whether and to what extent community-led repair initiatives, such as repair cafés, may register on the online platform, taking account of safety considerations where relevant. Registration on the online platform should always be possible upon repairers’ request, provided they fulfil the applicable requirements to access the online platform.
Amendment 156 #
2023/0083(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services within 36 months, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.
Amendment 158 #
2023/0083(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to promote repair within the liability of the seller as established in Directive (EU) 2019/771, the harmonised conditions under which the choice between the remedies of repair and replacement can be exercised should be adapted. The principle established in Directive (EU) 2019/771 to use the consideration whether the remedy chosen would impose costs on the seller that are disproportionate as compared to the other remedy, as one of the criteria to determine the applicable remedy, should be maintained. The consumer remains entitled to choose repair over replacement, unless repair would be impossible or it would impose disproportionate costs on the seller as compared to replacement. However, where the costs for replacement are higher than or equal to the costs of repair, the seller should always repair the goods. Hence, the consumer is entitled to choose replacement as a remedy only where it is cheaper than repair. Directive (EU) 2019/771 should therefore be amended accordingly.
Amendment 198 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that, before a consumer is bound by a contract for the provision of repair services, unless it is unfeasible to estimate the repair cost without on-site assessment of the good, the repairer shall provide the consumer, upon request, with mandatory information, for example by mean of the European Repair Information Form set out in Annex I on a durable medium within the meaning of Article 2 (11) of Directive 2019/771/EU. The mandatory information shall be provided to consumer in a clear and unambiguous language or form.
Amendment 206 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
Without prejudice to Directive 2011/83/EU, the repairer shall inform the consumer about the costs referred to in the first subparagraph before the consumer requests the provision of the European Repair Information Formmandatory repair information, for example by means of European Repair Information Form. The repairer may deduct such costs out of the price of the repair service, if the consumer chooses to have the product repaired.
Amendment 210 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. The European Repair Information Form shall specify the following conditions of repair in a clear and comprehensible manne, or other form of informing the consumer shall specify the following mandatory information on conditions of repair:
Amendment 214 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 4 – point e
Article 4 – paragraph 4 – point e
(e) the price or, if the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and the maximum price range expected for the repair;
Amendment 220 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 4 – point i
Article 4 – paragraph 4 – point i
(i) where applicable, the availability of ancillary services, such as removal, installation and transportation, offered by the repairer and the costs of those services, if any, for the consumer. Without prejudice to other obligations stipulated in Article 13 of Directive (EU) 2019/771, the provider of repair service shall, as a minimum requirement, be obliged to assess liability for any lack of conformity for the repaired part or parts, aspects or feature of the good, which exists at the time the consumer received the repaired goods and which becomes apparent within six month after that time;
Amendment 223 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 4 – point i a (new)
Article 4 – paragraph 4 – point i a (new)
(ia) additional information provided voluntarily by the repairer.
Amendment 224 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form or by other mean for a period of 30 calendar days as from the date on which that form was provided to the consumer, unless the repairer and the consumer have agreed otherwise or there is a need to correct a manifest mistake. Repairers other than the producers, authorised representatives, importers or distributors who have an obligation to repair by virtue of Article 5 or where applicable their subcontractors, may refuse the repair, based on duly justified reasons presented to the consumer, which prevent the performance of the repair. If a contract for the provision of repair services is concluded within the 30 day period, the conditions of repair specified in the European Repair Information Form shall constitute an integral part of that contract.
Amendment 229 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. Member States shall ensure that producers inform consumers of their obligation pursuant to this Article and provide information on the repair services in an easily accessible, clear and comprehensible manner, for example through the European Repair Information Form mentioned in this Article.
Amendment 233 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that upon the consumer’s request, the producer shall repair, for free or against a price or another kind of consideration, goods for which and to the extent that reparability requirements are provided for by Union legal acts as listed in Annex II. The producer shall not be obliged to repair such goods where repair is impossible. The producer may sub-contract repair, unless a more cost-effective and environment- friendly option is available and accepted by the consumer. The responsible entity shall not be obliged to repair such goods where repair is impossible, for instance, when the producer ceased its operations, technically or economically unfeasible. The producer may sub-contract repair or if accepted by the consumer, offer refurbished good as a replacement, for free or against a price or another kind of consideration, in order to fulfil its obligation to repair.
Amendment 248 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer. Where the distributor or importer are aware that repair is impossible, for instance, when the producer ceased its operations, the importer shall provide this information to the distributor, and distributor to the consumer before purchase of the product in a clear and unambiguous manner.
Amendment 262 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers, remanufacturers, refurbishers and consumers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II.
Amendment 268 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Producers shall not impede the use of compatible parts manufactured by third party providers that comply with EU standards and safety regulations.
Amendment 269 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. Upon request, producers shall inform the third party manufacturer of the spare parts regarding non- discriminatory, minimum qualitative requirements regarding the spare parts concerning safety or cybersecurity functions of the device. Subject to derogation to paragraph 3a of this Article, such a requirement may be established by the producer in order to maintain the integrity and high quality of the device.
Amendment 271 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
3c. Subject to limitation set out in paragraph 3b, producers shall not implement any contractual, hardware or software technique preventing use of spare parts manufactured by a third party. Producers shall not implement any contractual, hardware or software technique preventing or limiting independent repair outside of their authorised networks nor refuse to repair the good on the basis that it was previously repaired outside its authorised service or distribution network.
Amendment 287 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that at least one online platform exists for their territory that allows consumers to find repairersfacilitate and encourage private entities to establish at least one online platform within their territory that allows consumers to find repairers. Member States may in particular consider: (a) supporting the compliance with administrative and technical requirements set out in the national and Union laws; (b) introducing mechanisms for full digitalisation of administrative operations, coupled with fast-track administrative procedures to expedite the establishment and operation of such platforms; (c) providing fiscal incentives, such as tax credits, reductions, or exemptions, specifically tailored for entities operating or initiating online repair platforms; (d) offering direct financial support, which can be in the form of grants, low- interest loans, or other financing models, to catalyse the launch and sustainability of these platforms; (e) promoting partnerships between new platforms and established institutions, whether educational or technical, to foster innovation and quality assurance in repair services; 1a. That platform shall:
Amendment 292 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) include search functions regarding goods, location of repair services and possibility to provide cross border services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the place where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national quality standards;
Amendment 296 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 1 – point f a (new)
Article 7 – paragraph 1 – point f a (new)
(fa) allow for a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment;
Amendment 297 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 303 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Registration on the online platform for repairers, suppliers of spare parts as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of direct charges for consumers.
Amendment 310 #
2023/0083(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Principle of the free provision of repair services 1. Member States shall avoid introducing disproportionate qualification requirements for professional repair services in line with Directive (EU) 2018/958; 2. Member States shall not reject the provision of repair services by the provider established in another Member State nor impede its operations by conducting checks, inspections or investigations which are discriminatory or disproportionate.
Amendment 332 #
2023/0083(COD)
Proposal for a directive
Article 12
Article 12
Amendment to Directive (EU) 2019/771 In Article 13(2) of Directive (EU) 2019/771 the following sentence is added: ‘ In derogation from the first sentence of this paragraph, where the costs for replacement are equal to or greater than the costs for repair, the seller shall repair the goods in order to bring those goods in conformity. ’rticle 12 deleted
Amendment 360 #
2023/0083(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Amendment 53 #
2022/2026(INI)
Draft opinion
Recital B
Recital B
B. whereas there are approximately 87 million persons with disabilities in Europe1a; whereas approximately 1 in 6 people in the EU live with some kind of disability; whereas 50.6 % of persons with disabilities are employed and 28.4 % are at risk of poverty or social exclusion, compared to 74.8 %7 and 18.4 %8 respectively of persons without disabilities; _________________ 1a https://ec.europa.eu/commission/presscor ner/detail/en/speech_21_1015 7 https://www.europarl.europa.eu/RegData/et udes/BRIE/2020/651932/EPRS_BRI(2020) 651932_EN.pdf 8 https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Disability_statist ics_-_poverty_and_income_inequalities
Amendment 65 #
2022/2026(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas 37% of the EU-28 population aged 15 and over reported (moderate or severe) physical or sensory limitations1b; _________________ 1b https://ec.europa.eu/eurostat/statistics- explained/index.php/Functional_and_acti vity_limitations_statistics#Functional_an d_activity_limitations
Amendment 72 #
2022/2026(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the range and standard of services for persons with disabilities is inadequate; whereas support should be tailored to individual needs;
Amendment 78 #
2022/2026(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the EU Strategy for the Rights of Persons with Disabilities 2021- 2030 proposes creating a European Disability Card by the end of 2023 with a view to being recognised in all Member States;
Amendment 84 #
2022/2026(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas persons with disabilities may also face difficulties in accessing health care, sports, culture and physical rehabilitation centres and have to contend with financial constraints and also with the lack or inadequacy of activities adapted to their individual conditions;
Amendment 87 #
2022/2026(INI)
Draft opinion
Recital B e (new)
Recital B e (new)
Amendment 93 #
2022/2026(INI)
Draft opinion
Recital B f (new)
Recital B f (new)
Amendment 126 #
2022/2026(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that Member States should step up their efforts in providing support for persons with disabilities in the following priority areas: health, education, accessibility, employment and working conditions, independent living, coordination, living conditions, social protection and raising awareness;
Amendment 141 #
2022/2026(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that income- and disability-related assistance are complementary in promoting the effective participation of persons with disabilities in the labour market; calls, therefore, on Member States to unbundle income- and disability-related assistance10; encourages the Member States to put in place solutions providing carers of persons with disabilities with opportunities to earn an income other than social security benefits, at a level equal to the national minimum wage; _________________ 10 UN Special Rapporteur on the rights of persons with disabilities, ‘Report of the Special Rapporteur on the rights of persons with disabilities’, presented to the 70th session of the UN General Assembly, August 2015.
Amendment 152 #
2022/2026(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Encourages the Member States to take steps to increase the labour market participation rate of persons with disabilities and persons caring for those who require assistance with day-to-day activities, by introducing solutions to make the employment of persons with disabilities a more attractive prospect and by reducing the regulatory burdens for businesses employing persons with disabilities;
Amendment 156 #
2022/2026(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Member States to implement comprehensive activation programmes incorporating preventive factors, the early detection of health problems among the labour force and risks of disability, rehabilitation and retraining of workers employed on a long- term basis in conditions that have a negative impact on their health, enabling a return to employment, longer working lives or job changes, psychological support and assistance with professional development;
Amendment 166 #
2022/2026(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. NEncourages the Member States to adapt labour market policy instruments in support of groups that are particularly disadvantaged on the labour market, by implementing measures such as the broader use of flexible forms of employment and support for part-time employment, allowing an increase in the employment rate of persons with disabilities and their carers; notes that teleworking could help increase the employment of persons with disabilities as a form of disability accommodation and a tool to achieve greater work-life balance and reduce pain- and fatigue-related barriers to the labour market; cautions, however, against the use of teleworking by employers to avoid making reasonable accommodations or creating inclusive workplace cultures for workers with disabilities11; _________________ 11 Schur, L.A., Ameri, M., Kruse, D. ‘Telework After COVID: A “Silver Lining” for Workers with Disabilities?’, J Occup Rehabil 30, p. 521–536, 6 November 2020. https://doi.org/10.1007/s10926-020-09936- 5
Amendment 174 #
2022/2026(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States to ensure equal opportunities to access adequate support for persons with disabilities living in different regions, both in urban and in rural and remote areas; notes that persons with disabilities face barriers in accessing information, products, services and housing; recalls that accessibility should go hand in hand with adequate infrastructure; encourages the Member States to increase spending from the ESF+, the ERDF, the Just Transition Fund and the national recovery programmes for adapting public infrastructure, including transport, and public spaces for all;
Amendment 183 #
2022/2026(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Encourages public employment servicRecollects that in accordance with the Convention on the Rights of Persons with Disabilities, to roll out personalised measures to improve the employability and retention of persons wihe Member States undertook inter alia to take steps to enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training, and to promote opportunities for self- employment, entrepreneurship, the disabilievelopment of cooperatives in the labour marketand starting one’s own business; calls on Member States to provide guidance, training and financial aid to support entrepreneurship and self- employment for persons with disabilities.;
Amendment 198 #
2022/2026(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that persons with disabilities should be guaranteed access to education, including during crises such as the COVID-19 pandemic, and Member States should tackle all forms of discrimination and exclusion in this area;
Amendment 205 #
2022/2026(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Underlines the importance of swift action in terms of implementation of the European Disability Card; recollects that the European Disability Card will be a key instrument to help persons with disabilities to exercise their right to free movement in a barrier-free Europe, and therefore it should be mandatory in all Member States;
Amendment 210 #
2022/2026(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses that in the context of demographic changes, in particular an ageing population, the Member States should take measures to develop care services for persons with disabilities; underlines that the negative demographic trend requires an increase in the range of services and the introduction of new standards, including standards on training of staff and standards for personal assistance and care services; notes that in order to increase the level of services provided it is necessary to create standards for their provision, as well as standards of education of persons responsible for their implementation.
Amendment 225 #
2022/2026(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the Member States to ensure universal access to high-speed internet connectivity and the development of network infrastructure;
Amendment 227 #
2022/2026(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Underlines the need to build digital skills, and calls on the Member States to improve the reach of training courses in this area for groups of citizens who are affected to a significant extent by the impacts of their limitations and at risk of exclusion, inter alia persons with disabilities and older people, making it possible to overcome social inequalities and, depending on possibilities and needs, promote their integration in social life, labour market opportunities and access to e-services and the administration;
Amendment 236 #
2022/2026(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Calls on the Member States to adopt measures and flexible training formats to ensure inclusive and accessible vocational education and training programmes, including for persons with disabilities;
Amendment 3 #
2022/2014(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— Having regard to the Commission Fitness Check of EU consumer law on digital fairness, which opened with a Call for Evidence launched on 17 May 2022
Amendment 34 #
2022/2014(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 35 #
2022/2014(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas online gaming functionalities rely on connectivity in order to provide a stable and high-quality experience; whereas respondents in countries such as Sweden, Poland and the Netherlands exceed 90% satisfaction with upload and download speeds of their internet connection, whereas for countries such as Germany, Romania and France more than 20% of respondents were unhappy with the speed of their service, while in Greece dissatisfaction exceeds 35%; whereas in rural areas dissatisfaction with internet service is 30% higher than in urban areas 1a _________________ 1a https://europa.eu/eurobarometer/surveys/ detail/2232
Amendment 44 #
2022/2014(INI)
Motion for a resolution
Recital E
Recital E
E. whereas spending excessive amounts of time playing online video games can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues, in particular with regard to minorthe WHO have identified ‘gaming disorder’ as a possible health condition, characterised by impaired control over gaming, increasing priority given to gaming over other activities to the extent that gaming takes precedence over other interests and daily activities, and continuation or escalation of gaming despite the occurrence of negative consequences. whereas to qualify, the behaviour should be of sufficient severity to result in significant impairment in personal, family, social, educational, occupational or other important areas of functioning and would normally have been evident for at least 12 months; whereas the WHO cites studies that suggest that gaming disorder affects only a small proportion of people who engage in digital- or video-gaming activities;
Amendment 51 #
2022/2014(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a study of 600 children in the UK found that 36.40% of children have paid to open a loot box in an online game, 15% of those purchasing loot boxes, or around 5% of children, have used their parents’ money without permission to fund their loot box purchases, and 94% haveof children borrowed money they could not afford to pay back to spend on loot boxes3 ; _________________ 3 https://www.rsph.org.uk/about- us/news/over-1-in-10-young-gamers-get- into-debt-because-of-loot-boxes.html
Amendment 53 #
2022/2014(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas a study of 4,000 children from the United States found a wide range of purchasing habits amongst children surveyed on their relationship with video games; whereas amongst 13-14 year olds 48.5% reported that they played video games but did not purchase any loot boxes, 10.3% purchased 1-5 loot boxes, 4.0% purchased 6-10 loot boxes, 3.2% purchased 11-20 loot boxes, and 7.4% purchased more than 20 loot boxes in the past year; whereas amongst 16-17 year olds 43.0% reported that they played video games but did not purchase any loot boxes, 7.1% purchased 1-5 loot boxes, 2.8% purchased 6-10 loot boxes, 1.8% purchased 11-20 loot boxes, and 5.3% purchased more than 20 loot boxes in the past year;
Amendment 57 #
2022/2014(INI)
Motion for a resolution
Recital G
Recital G
G. whereas 70%4 of parents use some form of parental control tool; whereas the majority of parents are concerned about the amount of time their children spends playing video games and the risks of exposure to harmful content, bullying, contact with adult strangers and in-game purchasesa study of parental attitudes towards media use by their children found that 97%4 of parents use some form of parental control in relation to their child's access to online content, including video games; whereas the study also found that almost six in ten were aware of parental controls built into the device by the manufacturer and 32% said they used them; whereas the majority of respondents also reported to have spoken to their children about staying safe online (79%), with almost half doing so at least once a month (44%); _________________ 4 https://www.ofcom.org.uk/__data/assets/pd f_file/0024/196413/concerns-and- experiences-online-harms-2020-chart- pack5/217825/children-and-parents- media-use-and-attitudes-report-2020- 21.pdf
Amendment 59 #
2022/2014(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas a study found that 75% of parents have an agreement with their child about in-game spending in relation to video games1a; _________________ 1a https://www.isfe.eu/wp- content/uploads/2021/12/GameTrack-In- Game-Spending-2020.pdf.pdf
Amendment 60 #
2022/2014(INI)
Motion for a resolution
Recital H
Recital H
H. whereas 697% of parents in Europe are aware of the PEGI system and 69, 78% of them find the PEGI label useful in deciding whether or not to buy a game for their children5 ; _________________ 5 https://www.isfe.eu/wp- content/uploads/2021/10/2021-ISFE- EGDF-Key-Facts-European-video- games-sector-FINAL.pdfand 71% consider it to be trustworthy; whereas 73% of gamers in Europe are aware of the PEGI system, with 74% finding the label useful and 69% consider it to be trustworthy; whereas 87% of both parents and gamers find PEGI labels to be clear;
Amendment 62 #
2022/2014(INI)
I. whereas the time spent playing video games has increasednot fundamentally changed in recent years, with Europeans spending on average 9.5 hours a week playing video games in 2020, compared to 8.6 hours in 2019; 8.8 hours in 2018 and 9.2 hours in 20176 , even accounting for the COVID-19 pandemic; _________________ 6 https://www.isfe.eu/wp- content/uploads/2021/10/2021-ISFE- EGDF-Key-Facts-European-video-games- sector-FINAL.pdf.
Amendment 79 #
Amendment 80 #
2022/2014(INI)
Motion for a resolution
Subheading 1
Subheading 1
1a. Bolstering consumer protection in online video games
Amendment 81 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines the value of video games for both online and offline play as popular entertainment enjoyed by significant numbers of Europeans, across all ages and Member States, and as a cultural expression of its creators, individual players and wider gaming communities;
Amendment 82 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Emphasises that video games are a highly innovative digital sector in the European Union and the sector is responsible for 90,000 direct jobs in Europe; underlines that video games straddle both digital and cultural sectors, as video games also represent a crucial part of the cultural and creative ecosystem with it making up over 50% of the added- value of the overall EU market for audio- visual content;
Amendment 83 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Recalls the importance of SMEs in the European video games value chain and the global prominence many European companies developing for console, PC and mobile gaming markets enjoy; expresses disappointment that such international success and cultural appeal is often overlooked when considering European leadership in digital technologies and services;
Amendment 84 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Welcomes the launch of the pilot project proposed by the European Parliament entitled "Understanding the Value of a European Games Society", which aims to gather comprehensive data to support policy making affecting the sector; notes that some of the problems faced by the sector include talent development and retention, the impact of regulation in a global marketplace, access to finance and the social and cultural impacts of video games; further notes that such work shall be completed in 2023;
Amendment 85 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. 1aa (new). Recalls that consumers of video games enjoy protections already under European consumer law, including under the existing Unfair Commercial Practices Directive; Welcomes the Commission's Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, which offers direction on the application of EU consumer law on in-game promotions and advertising, including to children, in- game purchases and the presence of paid random content;
Amendment 90 #
2022/2014(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the measures taken to better protect consumers; notes, however, the need for a single, coordinated approach between Member Statesgreater consistency between Member States in their enforcement of existing consumer law in order to avoid fragmentation of the single market and to protect European consumers;
Amendment 101 #
2022/2014(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; calls for mechanisms to be put in place to exercise stricter parental control over the amount of time and money children spend on games, among other thingsrecalls that platform-level parental controls are not the only method used by parents to monitor and manage access to content by their children; notes, however, that parents may find it difficult to use such tools and encourages platforms to simplify steps needed to use those tools where parents wish to do so;
Amendment 107 #
2022/2014(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to obtain rewards through loot boxes; there are a variety of business models adopted in the video games sector; notes some video games operate on a free-to-play basis or with in- game purchases, including the option to obtain rewards through loot boxes; notes that games with an unfair pay-to-win model or which lock popular content behind paywalls have attracted negative reactions from gaming communities, leading to negative reviews and even changes to games prior or soon after their release;
Amendment 119 #
2022/2014(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that it has not yet been clearly establishedthe decision on whether loot boxes may be considered gambling in Europe; notes, however, that several rests with national authorities, in line with the competences of the Member States; notes that one Member States have considers classified loot boxes to beas gambling aund have adopted regulatory measures to ban them; er their national legislation; recalls on the Commission to analyse and determine whether or not loot boxes can be considered to be a gambling activity and, if so, to take the necessary steps to bring about a common European approachconclusions of the European Parliament study which recommended to consider paid random content as a consumer protection issue and the parallel activities of the European Commission in connection with the Unfair Commercial Practices Directive Guidance and other initiatives particularly aimed at the protection of children on the internet in general;
Amendment 127 #
2022/2014(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that certain game designs used for in-game purchasing systems can be particularly harmful when targeted at minors; calls for such advertising to be banned when targeted at minorschildren; welcomes therefore the Guidance of the European Commission which underlines that existing law already can be used to tackle misleading practices, including in relation to in-game promotion and in-game purchases, the requirement to display prices in real- world currencies and advertising directed at children;
Amendment 144 #
2022/2014(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that consumers should have allenjoy rights concerning pre-contractual information, and should therefore be able to access the necessary information about an online video game before startprior to their initial purchase and ing to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and ohe course of any in- game purchases while they play the game; welcomes the additional information provided under the PEGI system which provides content descriptors and age advisory notices to improve ther information that may be considered to be of interestavailable to consumers at their time of purchase;
Amendment 158 #
2022/2014(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that once an item has been obtained in a video game, it cannot typically be exchanged for actual money; stresses that, above and beyond consumer protection issues, these services have led to money laundering; within normal gameplay; regrets that third-party stores seek to trade in in-game items, which is contrary to terms and conditions applied by video game publishers; recalls on the Commission to put an end to this practice; considers that the Digital Services Act may help mitigate this problem, in particulfinding of the European Parliament study into loot boxes that regulators and the industry have been largely successful in tackling the issue of "skin gambling", while for other forms of illegal exchange, which run contrary through the implementao the terms and conditions of the ‘know your business customer’ obligationpublishers, legal actions are taken against third-party platforms who break those terms;
Amendment 166 #
2022/2014(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to make a legislative proposal on online video gaming to establish a European regulatory framework with the aim of harmonising rules between Member States and better protecting players, in particular minorcontinue to monitor enforcement of existing consumer rules and to work together with national consumer protection authorities and collectively in the CPC format to better protecting players, in particular children, from unfair commercial practices and other infringements of their consumer rights;
Amendment 175 #
2022/2014(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises the importance of mental health, particularly that of minorschildren; stresses that the COVID-19 pandemic exacerbated the situation, causing fear, isolation and a feeling of insecurity; recalls for action to be taken by game developers to avoid problems the positive role that online connectivity played in ensuring that Europeans could still communicate, interact and create together, including via online video games; reminds that gaming can provide also safe and interactive avenues for individuals who experience social disconnection or isolation in real-life environments; notes more generally the opportunities and new perspectives offered by access to crelated to addictionive expression and cultural content, in particular for younger people;
Amendment 182 #
2022/2014(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that adequate online connectivity is essential for equal access to cultural products and entertainment services across the single market; notes that citizens in many Member States report dissatisfaction with their connectivity and that a disparity remains between rural and urban populations in the connectivity that is available to them; calls on the European Commission to continue to act to improve Europe's digital infrastructure, which supports not only the creative industries developing high-quality content, but the access of European citizens to those culturally significant titles;
Amendment 187 #
2022/2014(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. StressesBelieves there is a risk that playing online video games excessively can have a negative impact on social relations, such as school drop-out, physical and mental health problems, and poor academic performance, twhile research also shows that video ngame but a few issues; calls for the strengthening of supervisory mechanisms for children and adolescents may have a positive impact, thus emphasising the need to strike a healthy balance, as with all types of consumption; underlines the need for national authorities to support parents implement their own rules or to use parental control tools in order to agree and manage, with their child, their child's consumption of digital content, including video games;
Amendment 198 #
2022/2014(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. StressNotes that video game addiction, also known as ‘gaming disorder’, is a problem for somea small proportion players; notes that the World Health Organisation has classified ‘gaming disorder’ as a form of addiction;
Amendment 207 #
2022/2014(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that scientific research has shown that puberty and adolescence are periods in life when people are most at risk of addictive behaviour; calls for further collaborative work among video games developers and vendors to issue guidance and tools, as well as to work with stakeholders and agencies, publishers, platforms and the wider stakeholder community, including national authorities and the European Commission, to help mitigate the risk of ‘gaming disorders’;
Amendment 209 #
2022/2014(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 219 #
2022/2014(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that video games can be a useful tool during learning processes and that certainmany games are specifically designed for children's educational purposes; points out that video games are also used to develop critical thinking and stimulate creativity, to provoke debate about societal issues or to deepen understanding of historical or cultural events, among others; recalls that video games feature on national educational curricula; points out that video games are also used to develop critical thinking and stimulate creativity; stresses too that video games have continuing applications later in life, where they may offer mental stimulation and opportunities for connectivity for older persons;
Amendment 223 #
2022/2014(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes industry-led initiatives such as Pan European Game Information (PEGI); considers that such a rating system can be particularly beneficiaperforms well in providing information on the recommended minimum age and protecting minors from inappropriate game cage for playing a game, helping parents to select appropriate game content for their children; underlines that the rating system forms one part of the overall PEGI Code of Conduct, which collectively aims at ensuring a safe environtment for gamers; welcomes the functionupdated approach by PEGI which now informs consumers if a game includes paid random pay-to-play features; notes that some countries have made the PEGI system law and calls on the Commission to explore the possibilities for entrenching it in EU lawcontent; underlines that the presence of in-game paid content, including paid random content, does not preclude parents from managing access to that type of content, while permitting a child to access the base game that they judge to be age-appropriate; notes that some countries have made the PEGI system legally enforceable in relation to the purchase of games, while others recommend its use recognising its position as the industry standard in this area;
Amendment 230 #
2022/2014(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Encourages industry, independent expert partners, rating agencies and consumer associations to continue awareness-raising campaigns on the PEGI system and to remain responsive to adapt the rating system in response to developments in video games and their in- game content, to continue to facilitate parental choice;
Amendment 237 #
2022/2014(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to assess how PEGI systems are being implemented in the different types of games available on the market and across the Union and to propose concrete actions to ensure they are being used effectivelyEncourages wider adoption of the PEGI system by those industry players who do not currently use it, in particular where information provided on their platforms to parents is less detailed than is offered under the PEGI system;
Amendment 239 #
2022/2014(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Underlines that the PEGI system offers a recommendation to consumers, in particular parents, prior to purchase of the video game and does not establish a legal minimum age for access to that cultural good, even in countries where the PEGI system is incorporated into domestic law; cautions strongly against any such system of age verification related to access to content, in particular due to concerns relating to user privacy and discriminatory treatment compared to other forms of entertainment which may also have an age recommendation;
Amendment 242 #
2022/2014(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 248 #
2022/2014(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 251 #
2022/2014(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 254 #
2022/2014(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Draws attention to the fact that, in addition to illegal content, harmful content can also be disseminated in video games through in-game communication features; stresses that the video games industry must adopt appropriate measures and tools to protect all users from harmful content, in line with applicablerecalls that evidence suggests this is a less frequent occurrence than on other types of platforms but nevertheless notes that platforms should adopt appropriate measures in order to comply with relevant national and EU legislation which addresses this risk;
Amendment 14 #
2022/0365(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The technical requirements for the type-approval of motor vehicles, engines and replacement parts with regard to emissions (‘emission type-approval’) are currently set out in two Regulations that apply to emission type-approval for light- duty and heavy-duty vehicles respectively, i.e. Regulation (EC) No 715/2007 of the European Parliament and of the Council (‘Euro 6’)44 and Regulation (EC) No 595/2009 of the European Parliament and of the Council (‘Euro VI’)45 . The reason for having two Regulations was that the emissions of heavy-duty vehicles were checked based on engine testing, while for light-duty vehicles the basis was whole vehicle testing. Since then, methodologies have been developed that allow testing of both light- and heavy-duty vehicles on the road. It is therefore no longer necessary to base type-approval on engine testing. __________________ 44 Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1). 45 Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).
Amendment 16 #
2022/0365(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Incorporating the requirements laid down in Regulation (EC) No 715/2007 and Regulation (EC) No 595/2009 into a single Regulation should ensure internal coherence of the system of emission type- approvals for both light and heavy-duty vehicles, while allowing for different emission limits and testing parameters for such vehicles.
Amendment 20 #
2022/0365(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is also necessary to reduce complexity, administrative and implementation costs for manufacturers and authorities and to ensure effective and efficient implementation of the Euro emission standards. Simplification is achieved by eliminating differentThe process of simplification involves removing various application dates for the limits and tests which existed underfound in Euro 6 and Euro VI, by eliminating multiple and complex emission tests where such tests are not needed, by referring toexcessive and convoluted emission tests, referencing relevant standards underfrom existing UN Regulations where applicable, and by ensurestablishing a streamlined and consistentstandardized set of procedures and tests for the various phases of the emission type- approval. all phases of emission type-approval. To this end, it is imperative that this regulatory act upholds the mobility rights of EU citizens, while ensuring freedom of choice in purchasing their preferred vehicle or engine. It is also essential to keep the prices of private and commercial vehicles affordable for citizens and businesses, to maintain industrial competitiveness and innovation, and to support job creation and skill development in the sector. To achieve these goals, the EU should offer dedicated financial resources and programs as the industry transitions towards carbon neutrality.
Amendment 21 #
2022/0365(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The rising cost of living is the most pressing worry for 93% of European citizens according to the results of the European Parliament’s Autumn 2022 Eurobarometer1a. It is therefore vitally important to ensure affordable new vehicle prices for consumers and businesses as they provide essential mobility, and often represent the primary mode of transportation due to limited public transportation options, particularly in suburban and rural areas. In this context, the Commission's estimates of additional direct costs for vehicle categories appear incomplete, as they neglect to account for the indirect costs to consumers and the increased manufacturing expenditure associated with battery-electric vehicles, particularly battery durability. According to industry analysis, the actual average incremental direct costs of Euro 7, primarily driven by equipment and investment expenditures, significantly exceed the figures presented in the impact assessment. These higher estimates range from €2,000 per passenger car/light-duty vehicle to €12,000 per heavy-duty vehicle, representing a four to tenfold increase compared to the Commission's projections
Amendment 22 #
2022/0365(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7 b) The Commission's impact assessment also overlooks the high indirect costs to consumers resulting from increased fuel consumption, especially for heavy-duty vehicles. These unaccounted outgoings could exceed the total costs reported in the Commission evaluation. Experts in the industry note that meeting the proposed Euro 7 requirements may lead to higher fuel consumption, including additional fuel required to warm up the catalytic converter during cold starts. This results in substantial additional indirect costs for consumers and logistics companies. For example, a heavy-duty vehicle with a mileage of around 1 million kilometres and a fuel consumption rate of 25 litres per 100 kilometres, with diesel priced at €2 per litre, would incur an extra cost of €17,500 over its lifetime due to a 3.5%-point fuel increase. Similarly, the fuel cost increase for passenger cars and light commercial vehicles under Euro 7 would amount to approximately €700 per vehicle1a. Moreover, the impact assessment fails to account for other factors that could escalate costs for consumers, such as new requirements related to reducing tyre abrasion emissions, higher charges associated with battery-electric vehicles, and potential limitations in entry-level vehicle choices for consumers.
Amendment 26 #
2022/0365(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure that the exhaust emissions for both light and heavy -duty vehicles are limited in real life, testing vehicles in real conditions of use with a minimumacross a statistically representative, non-biased set of restrictions, boundaries and other driving requirements and not only in the laboratory is required.
Amendment 29 #
2022/0365(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 31 #
2022/0365(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) There are now technologies available and used widely worldwide that limit evaporative emissions of volatile organic compounds during the use, parking and refuelling of a vehicle with petrol fuel. It is therefore appropriate to set the emission limits for such volatile organic compounds at a lower level and introduce emission limits for the refuelling phase. for new vehicles and Member States may adopt other measures at the national level to ensure that Stage II refuelling controls at petrol stations, in accordance with Commission Directive 2014/99/EU, maintain their efficacy in controlling refuelling of all petrol-run vehicles.
Amendment 33 #
2022/0365(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Non-exhaust emissions consist of particles emitted by tyres and brakes of vehicles. Emissions from tyres is estimated to be the largest source of microplastics to the environment. As shown in the Impact Assessment, it is expected that by 2050, non-exhaust emissions will constitute up to 90% of all particles emitted by road transport, because exhaust particles will diminish due to vehicle electrification. Those non-exhaust emissions should therefore be measured and limited. The Commission should prepare a report on tyre abrasion by the end of 2024 to review the measurement methods and state-of-the- art in order to proposdeveloped in the UN WP29 common GRBP/GRPE Task Force on Tyre Abrasion with the view of ensuring consistency in the definition of tyre abrasion limits. Additionally, the report should comprehensively evaluate the impact of the tyre abrasion rate limits and requirements, which will address deficiencies identified in the impact assessment of this Regulation.
Amendment 38 #
2022/0365(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Tampering of vehicles to remove or deactivate parts of the pollution control systems is a well-known problem. Such practice leads to uncontrolled emissions and should be prevented through action to deter the advertising, sale and installation of tampering devices. Tampering of the odometer, leads to false mileage and hampers the proper in-service control of a vehicle. It is, therefore of the utmost importance to guarantee the highest possible security protection of those systems, complete with security certificates and appropriate anti- tampering protection to ensure that neither pollution control systems nor the vehicle odometer can be tampered withall Member States should introduce vehicle mileage recording when a vehicle is serviced or during a periodic technical inspection. Accordingly, it is important that new vehicles are designed with appropriate security protection of those systems.
Amendment 40 #
2022/0365(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Sensors and other sophisticated strategies installed on vehicles are already used today to detect anomalies on emissions and trigger related repairs through the on-board diagnostic (OBD) system. The OBD system currently in use, however, does not detect accurately or timely the malfunctions and neither does it sufficiently and timely force repairs. As a result, ienhance their functionality in order to detect anomalies on exhaust emissions, store data and trigger the need for related repairs through the on-board diagnostic (OBD) system and the dashboard Malfunction Indicator (MI). It is possible that vehicles emit much more than they are allowed to do. The sensors used up to now for OBD can also be used to moni depending on how promptly drivers or operators and control the emission behaviour of the vehicles on a continuous basis via an on-board monitoring (OBM) system. The OBM will also warn the user to perform repairs of the engine or the pollution control systems when these are needed. It isddress the warning signalled by the MI. In some cases, sensors that have been ordinarily used for OBD can also serve the purpose of monitoring the exhaust emission behaviour of vehicles, thereby enhancing ther efore appropriate to require that such a system is installed and to regulate its technical requirementsficiency and functionality of OBD.
Amendment 41 #
2022/0365(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 45 #
2022/0365(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In case the Commission makes a proposal for registering after 2035 new light-dutyorder to align with the provisions of Regulation (EU) 2023/851, it is recommended that the Commission propose a measure for registering new vehicles runningthat exclusively run on CO2 neutral fuels after 2035, outside the scope of the CO2 fleet standards, and in conformitympliance with Union law and the Union’'s climate neutrality objective. Consequently, this Regulation will need to be amended to include the possibility to type approve such vehicles.
Amendment 48 #
2022/0365(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in relation to obligations of manufacturers as part of type-approval and procedures, test and methodologies to be applied for declaration of conformity, conformity of production check, and in-service conformity-check and environmental vehicle passport (EVP); options and designations of vehicles; requirements, tests, methods and corrective measures related to durability of vehicles, systems, components and separate technical units, as well as registration and communication capabilities of OBM systems, including for the purpose of periodic technical inspections and roadworthiness checks; requirements and information to be provided by manufacturers of multistage vehicles as well as procedures to determine the CO2 value for these multistage vehicles; technical elements, administrative and documentation requirements for emission type-approval, checks and inspections and market surveillance checks, as well as reporting obligations, in-service conformity and conformity of production checks; methods and tests to (i) measure exhaust emissions in the lab and on the road, including random and worst-case RDE test cycles, the use of portable emissions measurement systems for verifying real driving emissions, and idle emissions, (ii) determine the CO2 emissions, fuel and energy consumption, the electric range and engine power of a motor vehicle, (iii) provide specifications for gear shift indicator (GSI) (iv) determine the impact of O3, O4 trailers on the CO2 , fuel and energy consumption, electric range and engine power of a motor vehicle, (iv) measure crankcase emissions, evaporative emissions, and brake emissions in conformity with the UN WP29, (v) evaluate compliance with minimum performance requirements of battery durability in conformity with the UN WP29, (vi) assess the in-service conformity of engines and vehicles; compliance thresholds and performance requirements, as well as (vii) test and methods to ensure the monitoring performance of sensors (OBD and OBM); (viii) methods to ensure and assess security measures; specification and characteristics of driver warning systems and inducement methods and to assess their correct operation; (ix) methods to assess the correct operation, effectiveness, regeneration and durability of original and replacement pollution control systems; (x) methods to ensure and assess security measures including vulnerability analysis and tampering protection; (xi) methods to assess the correct functioning of types approved under specific EURO7 designations; (xii) criteria for emission type-approvals for small and ultra-small volume manufacturers; (xiii) checks and test procedures for multistage vehicles; (xiv) performance requirements for test equipment; (xv) specification of reference fuels; and (xvi) methods for assessing the absence of defeat devices and defeat strategies; (xvii) to measure tyre abrasion, as well as (xviii) EVP format, data and method of communication of the EVP data in conformity with UN WP29, as well as (xviii) measures to clarify the application of tests which manufacturers, Member States, third parties/Commission should exercise for initial type approval, conformity of production, in-service conformity and market surveillance. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 50 . __________________ 50 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 49 #
2022/0365(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to amend or supplement, as appropriate, non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of test conditions based on data collected when testing Euro 7 vehicles, brakes or tyres; the application of test requirements, in particular taking into account technical progress and data collected when testing Euro 7 vehicles; introducing vehicle options and designations based on innovative technologies for manufacturers but also, but only to reduce procedural complexity; setting out brake particle emission limits and abrasion limits for tyre types as well as minimum perf, in accormdance requirements of batteries and durability multipliers baswith the test method and limits developed oin data collected when testing Euro 7 vehicles and setting out definitions and special rules for small volume manufacturers for vehiclethe UN WP29, as well as minimum performance requirements of cbattegories M2, M3, N2, N3,. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making51 . In particular, in order to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 51 OJ L 123, 12.5.2016, p. 1.
Amendment 51 #
2022/0365(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) It is important to grant Member States, national type-approval authorities and economic operators enough time to prepare for the application of the new rules introduced by this Regulation. The date of application should therefore be deferred. While for light duty vehicles the date of application should be as soon as technically possiblefor new types should be 36 months from the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation, for heavy -duty vehicles and trailers the date of application may be further delayed by two yearsfor new types should be 48 months from the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation, since the transition to zero and low-emission vehicles will be longera major technological challenge requiring additional lead time for heavy -duty vehicles.
Amendment 55 #
2022/0365(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes common technical requirements and administrative provisions for the emission type-approval and market surveillance of motor vehicles, systems, components and separate technical units, with regard to their CO2 and pollutant emissions, fuel and electric energy consumption and battery durability.
Amendment 56 #
2022/0365(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. For the purposes of emission type- approval and market surveillance of newly manufactured tyres, the technical requirements and administrative provisions laid down in this Regulation must be taken into account in conjunction with the tyre technical requirements and administrative provisions of the General Safety Regulation (EU) 2019/2144.
Amendment 58 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 2
Article 3 – paragraph 2 – point 2
(2) ‘initial emission type approval’ or ‘IETA’ means the first phase of an emission type approval procedure before the emission type approval certificate is granted by the authorities and vehicles, separate technical units or components are put into production;
Amendment 59 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 4
Article 3 – paragraph 2 – point 4
(4) ‘in-service conformity’ or ‘ISC’ means the activities carried out on vehicles separate technical units or components in circulation with the purpose of verifying the durability requirements set out in this Regulation;
Amendment 60 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 5
Article 3 – paragraph 2 – point 5
(5) ‘engine’ means the propulsion source of an internal combustion engine vehicle (ICEV);
Amendment 62 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 9
Article 3 – paragraph 2 – point 9
(9) ‘CO2 emissions’ or ‘CO2’ means the emission of carbon dioxide from the tailpipe of the motor vehicle or engine;
Amendment 63 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 10
Article 3 – paragraph 2 – point 10
(10) ‘nitrogen oxides’ or ‘NOx’ means the sum of the oxides of nitrogenNO and NO2 emitted from the tailpipe;
Amendment 64 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 11
Article 3 – paragraph 2 – point 11
(11) ‘particulate matter’ or ‘PM’ means any material emitted from the tailpipe or the brakes and collected on a filter media in accordance with the procedure prescribed in this Regulation; ;
Amendment 65 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 14
Article 3 – paragraph 2 – point 14
(14) ‘10 nm particle number above 10 nm’ or ‘PN10’ means the total number of solid particles emitted from the tailpipe or the brakes that have a diameter larger or equal than, measured according to the provisions of this Regulation, with a nominal cut-off size at 10 nm;
Amendment 67 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 24
Article 3 – paragraph 2 – point 24
(24) ‘vehicle energy consumption calculation tool’ or ‘VECTO’ means a simulation tool used for determining CO2 emissions, fuel consumption, electric energy consumption and the electric range from heavy -duty vehicles; ‘energy consumption’ means the consumption of electric energy from each and all propulsion sources within a vehicle;
Amendment 68 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 29
Article 3 – paragraph 2 – point 29
Amendment 71 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 34
Article 3 – paragraph 2 – point 34
(34) ‘original pollution control systems’ means a pollution control system or an assembly of such systems covered by the type-approval granted for the vehicle concerned and installed on the vehicle at the time of its initial registration;
Amendment 74 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 36
Article 3 – paragraph 2 – point 36
Amendment 75 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 37
Article 3 – paragraph 2 – point 37
(37) ‘on-board diagnostic system’ or ‘OBD’ means a system that can generate vehicle on-board diagnostic (OBD) information, as defined in Article 3, point 49, of Regulation (EU) 2018/858 and is capable of communicating that information via the OBD port and ovin the context of this Regulation, a system on-board the vehicle that can detect malfunctions in the monitored emission control systems, identify the probable cause of the malfunction using fault codes stored in the computer memory, and illuminate the Malfunction Indicator (MI) to alert the aivehicle operator;
Amendment 76 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 37 a (new)
Article 3 – paragraph 2 – point 37 a (new)
(37 a) ‘vehicle on-board diagnostic (OBD) information’ means the information generated by a system that is on-board a vehicle or that is connected to an engine, and that is capable of detecting a malfunction, and, where applicable, is capable of signalling its occurrence by means of an alert system, it can also identify the probable cause of the malfunction by means of information stored in a computer memory, and is capable of communicating that information optionally off-board;
Amendment 78 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 38
Article 3 – paragraph 2 – point 38
(38) ‘on-board monitoring system’ or ‘OBM’ means a system on board a vehicle that is capable of detecting either emission exceedances or when a vehicle is in zero emission mode if applicable, and capable of indicating the occurrence of such exceedances by means of information stored in the vehicle, and of communicating thatmonitoring emissions while taking into account the tolerance of OBM measurements and delivering information via the OBD port and, optionally, over the air;
Amendment 79 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 40
Article 3 – paragraph 2 – point 40
(40) ‘defeat device’ means any software or hardware that senses temperature, vehicle speed, engine speed , transmission gear, manifold vacuum or any other parameter to activate, mod design component that allows a vehicle to appear compliant during testing but not during normal driving conditions, or manipulate,s delay or deactivata related the operation of any part of the pollution control system, with the purpose of reduco sensors, fuel/energy consumption, electric range, or battery durability, resulting in the effectiveness of the pollution control system when the vehicle is drivenvehicle not meeting regulatory requirements when driven outside of testing conditions;
Amendment 83 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 44
Article 3 – paragraph 2 – point 44
(44) ‘tampering’ means the inactivatreal driving emission,s’ or modification by the economic operators or independent operators, of the engine, vehicle pollution control device and system, propulsion system, traction battery, odometer, OBFCM or OBD/OBM, including any software or other logical control elements of those systems and their data;‘RDE’ means the emissions of a vehicle under normal driving conditions and maximum one of the extended conditions at the same time as specified in Tables 1 and 2 of Annex III and Article 4 of Regulation (EC) 595/2009 and Annex II of Regulation (EU) 582/2011
Amendment 84 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 57 a (new)
Article 3 – paragraph 2 – point 57 a (new)
(57 a) (57a) ‘CO2 neutral fuel’ means a renewable and/or synthetic fuels as defined in Directive (EU) 2018/2001, which include biofuels, biogas, biomass fuel, Renewable liquid and gaseous transport Fuel of Non Biological Origin (RFNBO), or Recycled Carbon Fuel (RCF). Such fuels have net-zero CO2 emissions during use, indicating that the CO2 equivalent of the carbon contained in the fuel's chemical composition is biogenic in origin or has been prevented from being released into the atmosphere. Any other renewable and/or synthetic fuels that satisfy the above conditions and the sustainability criteria of Directive (EU) 2018/2001 and associated delegated acts may also fulfil this definition.
Amendment 85 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 57 b (new)
Article 3 – paragraph 2 – point 57 b (new)
(57 b) ‘Carbon Correction Factor (CCF)’ means a factor which applies a correction to the CO2 tailpipe emissions of vehicles for compliance assessment, to reflect the GHG emission intensity and the share of CO2 neutral fuels;
Amendment 87 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 67
Article 3 – paragraph 2 – point 67
(67) ‘zero-emission range’ means the maximum distance a zero-emission vehicle can travelvehicle can travel in zero-emission mode when driving the appropriate cycle in this Regulation until the traction battery or fuel tank is depleted, which for PEVs corresponds to the electric range;
Amendment 90 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 71
Article 3 – paragraph 2 – point 71
Amendment 92 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 77
Article 3 – paragraph 2 – point 77
Amendment 94 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 78
Article 3 – paragraph 2 – point 78
Amendment 95 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Manufacturers shall ensure that the new vehicles they manufacture, which are sold, registered or put into service in the Union, are type approved in accordance with this Regulation. MFrom the specific application dates described in this Regulation, manufacturers shall ensure that the new components or separate technical units, including engines, traction batteries, brake emission systems and replacement pollution control systems requiring type- approval which they manufacture and which are sold or put into service in the Union are type approved in accordance with this Regulation .
Amendment 100 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
When verifying compliance with the exhaust emission limits, where the testing is performed in maximum one of the extended driving conditions at the same time, the emissions shall be divided by the extended driving divider set out in Annex III, Article 4 of Regulation (EC) 595/2009 and Annex II of Regulation (EU) 582/2011.
Amendment 117 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The manufacturer shall take measures to prevent the possibility of exploiting vulnerabilities referred to in paragraph 7. When such a vulnerability is found, the manufacturer shall remove the vulnerability, by software update or any other appropriate means to the fullest extent possible based on the best available knowledge at the time of type approval.
Amendment 119 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 10
Article 4 – paragraph 10
Amendment 125 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Manufacturers may designate vehicles of category M1 and N1 as “Euro 7G vehicle” where those vehicles are equipped with internal combustion engines with geofencing technologies. The manufacturer shall install a driver warning system on those vehicles to inform the user when the traction batteries are nearly empty and to stop the vehicle if not charged within 5 km from the first warning while on zero- emission mode. The application of such geofencing technologies may be verified during the lifetime of the vehicle.
Amendment 126 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Manufacturers shall have the option to designate vehicles as "Euro 7 NF vehicles" if they are powered by CO2- neutral fuels, as defined in Article 3. This applies to vehicles that run solely on CO2- neutral fuels or a blend of conventional and CO2-neutral fuels, throughout their lifetime. If a vehicle exclusively uses CO2- neutral fuels, the CO2 emissions will be deemed as zero for the purposes of Regulation (EU) 2023/851 and the pending Regulation on CO2 emission standards for heavy duty vehicles.
Amendment 127 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 131 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 132 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 144 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point c
Article 6 – paragraph 6 – point c
Amendment 151 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 157 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 161 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 163 #
2022/0365(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 165 #
2022/0365(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 171 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. With effect from 48 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national approval authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, in the case of new types of M1, N1 vehicles, refuse to grant EU emission type-approval or national emission type-approval which do not comply with this Regulation.
Amendment 173 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. With effect from 1 July 202548 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national authorities shall, in the case of new M1, N1 vehicles which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 176 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4 a. With effect from 48 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national approval authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, in the case of new types of M2, M3, N2, N3 vehicles and new O3, O4 trailers, refuse to grant EU emission type-approval or national emission type-approval which do not comply with this Regulation.
Amendment 179 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. With effect from 1 July 202760 months after the entry into force of all implementing or delegated acts relevant to the engine, vehicle or trailer category in question, and according to the specific provisions for systems, components, and separate technical units, national authorities shall, in the case of new M2, M3, N2, N3 vehicles and new O3, O4 trailers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into servrefuse to grant EU emission type-approval or national type-approval, with respect to new engine or vehicle of such vehiclesr trailer types, which do not comply with this Regulation.
Amendment 184 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. With effect from 1 July 20315, national authorities shall, in the case of new M2, M3, N2, N3 vehicles constructed by small volume manufacturers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 185 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 186 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 202536 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, the sale or installation of a system, component or separate technical unit intended to be fitted on an M1, N1 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not of type approved in compliance with this Regulation.
Amendment 188 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. With effect from 1 July 202748 months after the entry into force of all implementing or delegated acts relevant to the engine, vehicle or trailer category in question, and according to the specific provisions for systems, components, and separate technical units, the sale or installation of a system, component or separate technical unit intended to be fitted on an M2, M3, N2, N3 vehicle and O3, O4 trailers approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not type approved in compliance with this Regulation.
Amendment 191 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. National approval authorities may continue to grant extensions, to EU emissionWith effect from 24 months after adoption of the delegated act on the approval of C1 tyres as regards abrasion emissions aligning with the limits established in UN WP29, national authorities shall refuse, to grant component/separate technical unit type- approvals of replacement pollution control systems granted before in respect of new types of tyre that do not comply with this rRegulation applies under the terms which applind its implementing and delegated acts. With effect from 36 months after adoption of the delegated act on the time of the initial emission type-approval. National authorities shall prohibit the sale or installation on a vehicle of such replacement pollution control systems unless they are type approvedapproval of C1 tyres as regards abrasion emissions aligning with those established in UN WP29, national authorities shall refuse to grant type approval or national EC type approval in respect of new C1 tyres which do not comply with this Regulation and its implementing and delegated acts. C1 tyres that were manufactured prior to the dates set out in this paragraph and which do not comply with the requirements of this Regulation may be sold for a period not exceeding 24 months from those dates. The UN will subsequently develop an appropriate test method and limits for tyre abrasion performance to be applied to C2 and C3 tyres, which shall be incorporated into this Regulation by means of delegated acts in accordance with Article 16.
Amendment 194 #
2022/0365(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. National authorities shall, during in-service conformity or market surveillance checks, verify whether manufacturers of vehicles have correctly installed excess exhaust emissions driver warning systems, verify the quality of the reagent, low-reagent driver warning systems and whether vehicles can be tampered.
Amendment 221 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point t
Article 14 – paragraph 4 – subparagraph 1 – point t
Amendment 227 #
2022/0365(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The Commission shall be empowered to adopt delegated actsFollowing completion of the work on tyre abrasion in the common GRBP/GRPE Task Force on Tyre Abrasion conducted under the authority of the UN WP29, the Commission shall be empowered to adopt delegated acts, no later than 18 months following the date of receipt of the UN WP29 limits, including a comprehensive scrutiny process, to supplement this Regulation in accordance with Article 16 in order to take into account technical progress by:
Amendment 229 #
2022/0365(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. By 1 September 2031No later than 60 months after the entry into force of this regulation, on the basis of the information supplied in accordance with paragraph 1, the Commission shall submit to the European Parliament and to the Council an evaluation report on the application of this Regulation.
Amendment 231 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Regulation (EC) 715/2007 is repealed with effect from 1 July 2025.35
Amendment 232 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Regulation (EC) 595/2009 is repealed with effect from 1 July 202735.
Amendment 236 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
It shall apply from 1 July 20325 for M1, N1 vehicles and components and separate technical units for those vehicles and from 1 July 2027 for M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers.
Amendment 242 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
It shall apply from 1 July 20302 for M1, N1 vehicles constructed by small volume manufacturers.
Amendment 248 #
2022/0365(COD)
Proposal for a regulation
Annex II – Table 1 – Row 1
Annex II – Table 1 – Row 1
Battery energy Start of life to 5 Vehicles more Start of life to 8 Vehicles up to based MPR years or 100 000 than 5 years or 160 000 additional km whichever 100 000 km, and lifetime* comes first up to whichever comes first of 8 years or 160 000 km km whichever lifetime* comes first OVC-HEV 80% 70% PEV 80% 70%
Amendment 250 #
2022/0365(COD)
Proposal for a regulation
Annex II – Table 2 – Row 1
Annex II – Table 2 – Row 1
Battery energy Start of life to 5 Vehicles more Start of life to 8 Vehicles up to based MPR years or 100 000 than 5 years or 160 000 additional km whichever 100 000 km, and lifetime* comes first up to whichever comes first of 8 years or 160 000 km km whichever lifetime* comes first OVC-HEV 75% 65% PEV 75% 65%
Amendment 83 #
2022/0280(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 93 #
2022/0280(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Directive 2006/42/EC
Article 21g
Article 21g
Article 21g deleted Adoption of mandatory common specifications
Amendment 96 #
2022/0280(COD)
Proposal for a directive
Article 4
Article 4
Directive 2013/29/EU
Article 42a
Article 42a
[...] d e [...] l e t e d
Amendment 98 #
2022/0280(COD)
Proposal for a directive
Article 5
Article 5
Directive 2014/28/EU
Chapter 6a
Chapter 6a
d e [...] [...] [...]l e t e d
Amendment 99 #
2022/0280(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38f
Article 38f
Amendment 100 #
2022/0280(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40f
Article 40f
Amendment 265 #
2022/0278(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 268 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
Amendment 279 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond to impacts of crises on the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance and crisis- relevant goods and servicesfor which shortages may occur in the Single Market.
Amendment 282 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) an advisory group to advise SMEI Forum to advise and decide whether the Commission onshall trigger the appropriate measures for anticipating, preventing or responding to the impact of a crisis on the Single Market;
Amendment 290 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) measures for addressing Single Market impacts of significant incidents that have not yet resulted in a Single Market emergency (Single Market vigilance), including a set of vigilance response measures and
Amendment 297 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within and related to the scope of this Regulation among themselves and with the Commission.
Amendment 298 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 306 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chains.
Amendment 308 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f a (new)
Article 2 – paragraph 2 – point f a (new)
(f a) critical raw materials as defined in [the EU Critical Raw Materials Act]
Amendment 309 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. This Regulation shall complement the Integrated Political Crisis Response mechanism operated by the Council under Council Implementing Decision (EU) 2018/1993, if and when activated, as regards its work on Single Market impacts of cross-sectoral crises that require political decision-making.
Amendment 316 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Any actions under this Regulation shall be consistent with Union’s laws and obligations under international law, such us WTO rules.
Amendment 318 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 8
Article 2 – paragraph 8
8. This Regulation is without prejudice to the responsibility of the Member States to safeguard national security or their power to safeguard essential state functions and any other prerogatives forseen in the Treaties, including ensuring the territorial integrity of the State and maintaining law and order.
Amendment 319 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional, unexpected and sudden, natural or man- made event of extraordinary nature and scale that takes place inside or outside of the Union with a demonstrated risk of life- threatening, serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s), and which is likley to disrupt the free movement of goods, people and services in the Single Market and cause shortages of critical goods, semi-finished products, raw materials, services and workers in the Single Market;
Amendment 326 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) 'shortage in the Single Market’ means lack or deficiency of critical goods, semi-finished products, raw materials and/or services in the Single Market as a result of an exceptionally high demand or disruptions in the supply chains of goods and services and/or impediments to the movements of people.
Amendment 332 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement on the Single Market or, the functioning of the supply chains and casues shortages of critical goods, semi- finished products, raw materials and services that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 337 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘strategically important areas’ means those areas with critical importance to the Union and its Member States, in that they are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market in particular food, transport, energy, defence, health, cybersecurity, information and digital technology and industrial technologies;
Amendment 342 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘critical goods and services of strategic importance’ means goodcritical goods, semi-finished products, raw materials and services that are indispensable for ensuring the functioning of the Single Market in strategically important areas as described in Article 3(4) of this Regulation and which cannot be substituted or diversified by the Member States;
Amendment 347 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘crisis-relevant critical goods and services’ means goodcritical goods, semi- finished products, raw materials and services, that are indispensable for responding to the crisis or for addressing the impacts of the crisis on the Single Market during a Single Market emergency ;
Amendment 353 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7 a) ‘representative umbrella organisations of economic operators at Union level’ means a legal person that is constituted in accordance with the national law of the Member State whose statutory purpose is to represent economic operators active at EU level from a plurality of sectors and companies (and entrepreneurs) of all sizes.
Amendment 360 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. An advisory groupThe SMEI Forum is established.
Amendment 366 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The advisory groupSMEI forum shall be composed of one representative from each Member State. Each Member State and from representative umbrella organisations of economic operators at Union level. Each SMEI forum member shall nominate a representative and an alternate representative.
Amendment 378 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. For the purpose of contingency planning under Articles 6 to 8, the advisory group shall assist and adviseset binding decission on the Commission actions as regards the following tasks:
Amendment 384 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) assessingment of significant incidents that the Member StateSMEI Forum members have alerted the Commission to.
Amendment 391 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 404 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – introductory part
Article 4 – paragraph 6 – introductory part
6. For the purposes of the Single Market emergency mode as referred to in Article 14, the advisory group shall assist the Commission in the following tasksSMEI Forum shall set binding decission on the Commission actions through:
Amendment 410 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point b
Article 4 – paragraph 6 – point b
(b) establishing whether the criteria for activation or deactivation of the emergency mode have been fulfilled and evidences substantiaing such decision are sufficient and reliable;
Amendment 417 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework, [the Chips Act], [the EU Critical Raw Materials]. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM.
Amendment 419 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The advisory group shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory group shall adopt its rules of procedure. The SMEI forum members representing umbrella organisations of economic operators at Union level shall have no right to vote.
Amendment 428 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group may adopt opindecisions, or recommendations or reports in the context of its tasks set out in paragraphs 4 to 6.
Amendment 430 #
2022/0278(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall designate central liaison offices responsible for contacts, coordination and information exchange with the central liaison offices of other Member States and Union level central liaison office under this Regulation. Such liaison offices shall coordinate and compile the inputs from relevant national competent authorities and where appropriate, ensure access to up-to-date crisis-relevant information for economic operators, in real-time whenever technically feasible.
Amendment 432 #
2022/0278(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the Single Market vigilance and emergency modes under this Regulation. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the Single Market vigilance and emergency modesand the bodies at Union level that are relevant to the respective crisis for the management of the Single Market vigilance and emergency modes and where appropriate, provision of access to up-to-date crisis-relevant information for economic operators, in real-time whenever technically feasible .
Amendment 435 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 446 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) an inventory of relevant national competent authorities, the central liaison offices designated in accordance with Article 5 and single points of contact referred to in Article 21, their contact details, assigned roles and responsibilities during the vigilance and emergency modes of this Regulation under national law;
Amendment 450 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market emergency;
Amendment 456 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) risk and emergency communication, with a coordinating role for the Commission, adequately taking into account already existing structures;
Amendment 464 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any incidents that significantly disrupt or have the potentialis likley to significantly disrupt the functioning of the Single Market and its supply chains and could lead to shortages in the Single Market (significant incidents).
Amendment 471 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. In order to determine whether the disruption or the likelihood of potential disruption of the functioning of the Single Market and its supply chains of goods and services is significant and should be the object of an alert, the central liaison office of a Member State shall take the following into account:
Amendment 481 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) the geographical area; the proportion of the Single Market affected by the disruption or potential disruption and its cross-border effects; the impact on specific geographical areas particularly vulnerable or exposed to supply chain disruptions including the EU outermost regions;
Amendment 486 #
Amendment 581 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the Single Market qualifies as a Single Market emergency, the Commission and SMEI Forum shall, based on concrete and reliable evidence, taking into account at least the following indicators:
Amendment 590 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) an assessment of the demand data and an estimation of the number of economic operations or users relying on the disrupted sector or sectors of the Single Market for the provision of the goods or services concerned;
Amendment 594 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the importance of the goods or services concerned for other sectorsdisruption in provision of the crisis relevant goods or services for other sectors from the perspective of cross-border impact;
Amendment 595 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(c a) estimated shortage of goods and services in the Single Market
Amendment 601 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
(e) the possible measuers economic operators affected have not been able to provide a solution in a reasonable time tomight undertake to address the particular aspects of the crisis on a voluntary basis.
Amendment 611 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point i
Article 13 – paragraph 1 – point i
(i) the absence of substitute goods, inputs or services directly linked to the crisis.
Amendment 617 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 621 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Commission, taking into consideration the opinion provided by the advisory groupogether with the SMEI Forum, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode.
Amendment 625 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Council may activate the Single Market emergency mode by means of a Council implementing act. It will contain a list of crisis-relevant goods and services. The duration of the activation, hall be specified in the implementing act, and shall be a maximum of six months.
Amendment 630 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 632 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 638 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 646 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where the Commission considers, taking into consideration the opinion provided by the advisory groupogether with the SMEI Forum, that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act.
Amendment 654 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks by means of the amendments to sectorial product legislation set out in Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market shall cease to apply upon deactivation of the duration of the Single Market emergency mode. The Commission shall submit to the Council an assessment on the effectiveness of the measures taken in addressing the Single Market emergency no later than three months after the expiry of the measures, on the basis of the information gathered via the monitoring mechanism foreseen by Article 11.
Amendment 656 #
2022/0278(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 682 #
Amendment 725 #
2022/0278(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons referred to in Article 17(6) and 17(7) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3)by means of implementing acts.
Amendment 731 #
2022/0278(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. During the Single Market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis- relevant services, a business representative or worker that is involved in production of crisis-relevant goods or provision of crisis- relevant services or a civil protection worker and it considers that the use of different templates by each Member States is an obstacle to the free movement at the time of a Single Market emergency, the Commission may issue, if it considers it necessary for supporting the free movement of such categories of persons and their equipment during the ongoing Single Market emergency, templates for attesting that they fulfil the relevant criteria for the application Article 17(6) in all Member States by means of implementing acts.
Amendment 737 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
During the Single Market emergency, Member States shall notify to the Commission and SMEI Forum any crisis- relevant draft measures restricting free movement of goods and the freedom to provide services as well as crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures.
Amendment 743 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. If the advisory groupSMEI Forum chooses to deliver an opinion on a notified measure, it shall do so within four working days from the date of receipt by the Commission of the notification concerning that measureout undue delay.
Amendment 748 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
Amendment 749 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 8
Article 19 – paragraph 8
8. Within 10 days from the date of receipt of the notification, the CommissionThe Commission without undue delay shall examine the compatibility of any draft or adopted measure with Union law, including Articles 16 and 17 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 10 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
Amendment 754 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The notifying Member State shall communicate the measures it intends to adopt in order to comply with the comments delivered in accordance with paragraph 8 to the Commission within 10 days after receiving themout undue delay.
Amendment 755 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 11
Article 19 – paragraph 11
Amendment 757 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 12
Article 19 – paragraph 12
12. If the Commission finds that an already adopted measure that has been notified to it, is not in accordance with Union law, it may issue within 30 days of that notification a decision requiring the Member State to abolish itshall coomunicate it to the Member Stae. The notifying Member State shall communicate the text of a revised measure in case it modifies the notified adopted measure without delay.
Amendment 759 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 13
Article 19 – paragraph 13
Amendment 761 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 14
Article 19 – paragraph 14
Amendment 767 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
(a) assistance in requesting andin obtaining information about national restrictions of the free movement of goods, services, persons and workers that are related to an activated Single Market emergency;
Amendment 768 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point b
Article 21 – paragraph 1 – point b
(b) assistance in the performance of any national level crisis procedures and formalities that have been put in place due to the activated Single Market emergency.
Amendment 772 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via thean electronic platform or respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by- step guide. The information shall be provided in clear, understandable and intelligible language. It shall be easily accessible at a distance and by electronic means and shall be kept up to date.
Amendment 779 #
2022/0278(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) assistance in requesting and obtaining information as regards Union level crisis response measures that are relevant to the activated Single Market emergency or which affect the exercise of the free movement of goods, services, persons and workers;
Amendment 780 #
2022/0278(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) assistance in the performance of any crisis procedures and formalities that have been put in place at the Union level due to the activated Single Market emergency;
Amendment 781 #
2022/0278(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
Amendment 782 #
2022/0278(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2 a. The single point of contact opearing at the Union level shall draft and keep updated a list including all crisis measures taken at the national level, a list of national contact points and assist citizens, consumers, economic operators, workers and their representatives in obtaining relevant information.
Amendment 784 #
2022/0278(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 789 #
Amendment 828 #
2022/0278(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, and compensate for damages in the event of accidental disclosures in accordance with Union and the respective national law.
Amendment 833 #
2022/0278(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
When the Single Market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 14, and there is a shortage of crisis relevant goods the Commission may activate by means of implementing acts the emergency procedures included in the Union legal frameworks amended by [Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and 2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market] as regards crisis-relevant goods, indicating which crisis-relevant goods and emergency procedures are subject to the activation, providing reasons for such activation and its proportionality, and indicating the duration of such activation .
Amendment 839 #
Amendment 861 #
2022/0278(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 876 #
2022/0278(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 879 #
2022/0278(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 885 #
2022/0278(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 890 #
2022/0278(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 896 #
2022/0278(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 907 #
2022/0278(COD)
Proposal for a regulation
Part V – Chapter I – title
Part V – Chapter I – title
Amendment 911 #
2022/0278(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of strategic importance listed in an implementing act adopted pursuant to Article 9(1) or crisis- relevant goods and services listed in an implementing act adopted pursuant to Article 14(5).
Amendment 916 #
2022/0278(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Where the Commission agrees to procure on behalf of the Member States, it shall draw up a proposal for a frameworkauthorising agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf. This agreement shall lay down the detailed conditions for the procurement on behalf of the participating Member States referred to in paragraph 1.
Amendment 919 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate for the Commission to act as a central purchasing body for relevant goods and services of strategic importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts.
Amendment 922 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. In accordance with the agreement, the Commission may be entitled, on behalf of the participating Member States, to enter into contracts with economic operators, including individual producers of goods and services of strategic importance or crisis- relevant goods and services, concerning the purchase of such goods or services.
Amendment 924 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 933 #
2022/0278(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
When the Single Market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and the Commission and coordinate their actions withexchange available information on the procurement demand of crisis relevant goods and services listed in the implementing act adopted pursuant to Article 14(3) with each other and the Commission andvia the representatives of the other Member States in the advisory group prior toSMEI Forum. The SMEI Forum may make proposals for voluntary coordination of actions of the Commission and Member States regarding launching of a procurement of crisis- relevant goods and services listed in an implementing act adopted pursuant to Article 14(53) in accordance with Directive 2014/24/EU of the European Parliament and of the Council55 . __________________ 55 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)..
Amendment 934 #
2022/0278(COD)
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
Where Emergency mode has been activated, contracting authorities and contracting entities of the Member States in relation to procurement of crisis- relevant goods and services may on that basis decide not to apply an IPI measures adopted according to Regulation 2022/1031 of 23 June 2022.
Amendment 935 #
2022/0278(COD)
Proposal for a regulation
Article 38 – paragraph 1 b (new)
Article 38 – paragraph 1 b (new)
Article 32 (2) of Regulation 2022/2560 of 14 December 2022 is not applied, when contracting authorities and contracting entities of Member States are awarding public contract on crisis-relevant goods and services, included on the list adopted pursuant to Article 14 (3), when only one valid tender has been filed in the contract award procedure.
Amendment 936 #
2022/0278(COD)
Proposal for a regulation
Article 38 – paragraph 1 c (new)
Article 38 – paragraph 1 c (new)
Where Emergency mode has been activated, the contracting authority or contracting entity may contact in writing all invited candidates before the time limit for receipt of requests to participate or tenders, with the sole purpose of clarifying their intention to submit a request to participate or a tender.
Amendment 937 #
2022/0278(COD)
Proposal for a regulation
Article 38 – paragraph 1 d (new)
Article 38 – paragraph 1 d (new)
Where Emergency mode has been activated, the contracting authority may, in agreement with the economic operator, modify a contract or a framework contract beyond the threshold referred to in Directive 2014/24/EU, Directive 2014/25/EU, provided that it does not exceed 100% of the initial contract value, and that it is justified as strictly necessary to respond to the evolution of the crisis.
Amendment 938 #
2022/0278(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Where the Single Market emergency mode has been activated pursuant to Article 16 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the defined contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other meanmay be obliged in the authorising agreement concluded with the Commission pursuant to Article 34(3) not procure goods or services covered by such procurement by other means. 2. The Member State retains the right to waive any ban on individual procurement action of the contracting authorities established by the authorizing agreement concluded pursuant to Article 34 (3), where such a ban will result in severe and disproportionate disruptions in Member States.
Amendment 950 #
2022/0278(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. The SMEI Committee is obliged to review such implementing act with undue delay. In case the SMEI Committee delivers a negative decision, such decision needs to be taken as soon as possible.
Amendment 951 #
2022/0278(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 954 #
Amendment 957 #
2022/0278(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. By [OP: please insert date = five years from the entry into force of this Regulation] and every fivthree years thereafter, the Commission shall present a report to the European Parliament and the Council on the functioning of the contingency planning, vigilance and Single Market emergency response system suggesting any improvements if necessary,carry out an evaluation of the effectiveness of this Regulation and shall submit a report on the functioning of the Regulation to the European Parliament, to the Council and to the European Economic and Social Committee. The report shall be accompanied, where appropriate, by relevant legislative proposals.
Amendment 965 #
2022/0278(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
Amendment 968 #
Amendment 969 #
2022/0278(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from [18 months from the entry into force of this Regulation] Or. en (This amendment applies horizontally across the SMEI initiative.)
Amendment 20 #
2022/0219(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) As the instrument aims to enhance the competitiveness and efficiency of the Union’s defence industry, to benefit from the instrument, common procurement contracts will need to be placed with legal entities which are established in the Union or in associated countries and are not subject to control by non-associated third countries or by non-associated third- country entities. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country. Taking into account the short-term need to replenish and expand defence stocks, especially those exacerbated by the transfer of defence products to Ukraine, this restriction should not apply to subcontractors. At the same time, the cost of components originating in non- associated third countries should not exceed 20 percent of the value of the end product. This limit should be increased to 50 percent of the value of the end product for the components originating in non- associated third countries that are members of NATO. Components should not be sourced from non-associated third countries that contravene the security and defence interests of the Union and its Member States, including the respect for the principle of good neighbourly relations.
Amendment 35 #
2022/0219(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 50 #
2022/0219(COD)
1. Only actions fulfilling all of the following criteria shall be eligible for funding under the Instrument:
Amendment 54 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the actions shall involve cooperation for common procurement of the most urgent and critical defence products between eligible entities, as referred to in Article 9, implementing the objectives referred to in Article 3;
Amendment 55 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the actions shall involve new cooperation or an extension of existing cooperation to at least one new Member States or associated countries;
Amendment 63 #
Amendment 64 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the participating Member States and associated third countries participating in the common procurement.
Amendment 77 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union or in an associated third country. They shall not be subject to control by a non- associated third country or by a non- associated third country entity.
Amendment 79 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement only if it provides guarantees approved by the Member State or associated third country in which the contractor involved in the procurement process is established.
Amendment 86 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country. Where no competitive substitutes are readily available in the Union or in an associated third country, contractors and subcontractors involved in the common procurement may use their assets, infrastructure, facilities and resources located or held outside the territory of the Member States or of the associated third countries provided that such use does not contravene the security and defence interests of the Union and its Member States and is consistent with the objectives set out in Article 3.
Amendment 89 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 8 a (new)
Article 8 – paragraph 8 a (new)
8 a. By the way of derogation from paragraph 8, taking into account the short-term need to replenish and expand defence stocks, including to compensate for the military assistance to Ukraine, the restriction as referred to in paragraph 8 of this Article shall not apply to subcontractors involved in the common procurement, provided that this does not contravene the security and defence interests of the Union and its Member States and is consistent with the objectives set out in Article 3.
Amendment 90 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
Amendment 111 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10 a. The cost of components originating in non-associated third countries shall not exceed 20 percent of the value of the end product. No components shall be sourced from non- associated third countries that contravene the security and defence interests of the Union and its Member States, in particular Russia.
Amendment 113 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 10 b (new)
Article 8 – paragraph 10 b (new)
Amendment 118 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
1. The contribution of the action to strengthening and developing the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs as referred to in Article 3, including with respect to procurement procedure and delivery lead times, replenishment of stocks, availability and supply; (a) the contribution to the creation of new cross-border cooperation between the Member States or associated third countries; (b) the demonstration of the action’s contribution to the replenishment of stockpiles that have been depleted as a result of the response to the Russian military aggression against Ukraine; (c) the demonstration of the action’s contribution to the replacement of stockpiles of Soviet-era legacy defence systems with European solutions; (d) the contribution of the action to strengthening and developing the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs as referred to in Article 3, including with respect to procurement procedure and delivery lead times, replenishment of stocks and replacement of stocks with European solutions, availability and supply; (e) the contribution of the action to competitiveness and adaptation of the EDTIB throughout the Union, including through the envisaged ramp-up of its manufacturing capacities, reservation of manufacturing capacities, its reskilling and upskilling, and overall modernization; (f) the contribution of the action to strengthening cooperation among Member States or associated third countries and interoperability of products; (g) the participation of contractors and subcontractors established in Member States that have a common border with Russia or with countries aggressed by Russia, or that have their territorial waters or Exclusive Economic Zones adjacent to those of the countries aggressed by Russia; (h) the estimated size of the common procurement and any declaration by the participants that they will jointly use, stockpile, own or maintain the procured defence products; (i) catalytic effect of Union financial support through demonstration of how the Union contribution can overcome obstacles to common procurement; (j) quality and efficiency of the plans for carrying out of the action. The weighting of the award criteria shall be determined by the Commission, assisted by the Committee as referred to in Article 14.
Amendment 123 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 2
Article 10 – paragraph 1 – point 2
Amendment 125 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 3
Article 10 – paragraph 1 – point 3
Amendment 127 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 4
Article 10 – paragraph 1 – point 4
Amendment 131 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 5
Article 10 – paragraph 1 – point 5
Amendment 133 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 6
Article 10 – paragraph 1 – point 6
Amendment 135 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 7
Article 10 – paragraph 1 – point 7
Amendment 110 #
2022/0092(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order for consumers to take better informed decisions and stimulate the demand for, and the supply of, more durable goods, specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. Moreover, as regards goods with digital elements, digital content and digital services, where it can be reasonably assessed, consumers should be informed about the period of time during which free software updates are available. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers, including in an official language or in official languages of the Member State where the good is sold, with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and, (EU) 2019/77130 and (EU) 2011/83 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
Amendment 114 #
2022/0092(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Another commercial practice observed, which should be classified as unfair in all circumstances, is when a producer offers a different commercial guarantee and repair conditions for the same model of product depending on the Member State where the product is to be offered. For example, a manufacturer offers a five-year commercial guarantee period for the same model of washing machine in one Member State and only a three-year period in another Member State, which bears the hallmarks of discrimination and double standards in the treatment of consumers in the target markets. Without prejudice to the provisions of Article 17 of Directive 2019/771 and respecting different periods of legal guarantee and its impact on the total length of the commercial guarantee and the legal guarantee, such practices should be prohibited.
Amendment 146 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘environmental claim’ means any message or representation in any form, which is not mandatory under Union law or national law, including text, pictorial, graphic or symbolic representation, in any form, including labels, brand names, company names or product names, in the context of a commercial communication, which states or implies that a product or trader has a positive or no impact on the environment or is less damaging to the environment than other products or traders, respectively, or has improved their impact over time;
Amendment 150 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
Amendment 152 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
Amendment 171 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘mandatory software update’ means a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771; This amendment applies throughout the text.Or. enJustification
Amendment 175 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point x
Article 2 – paragraph 1 – point x
(x) ‘consumable’ means any component of a good that is used up recurrently and needs to be replaced or replenished for the good to function as intended;
Amendment 190 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
(e) advertising as a distinctive part of the product benefits for consumers that are considered as a common practice in the relevant market according to Union and national law and public authorities guidelines.
Amendment 200 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a a (new)
Article 2 – paragraph 1 – point 1 – point a a (new)
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(aa) point 14 is amended as follows: ‘(14) ‘commercial guarantee’ means any undertaking by the trader or a producer (to the guarantor) to the consumerconsumer, including regarding durability of the product as referred to in Article 17 of Directive (EU) 2019/771, in addition to his legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;’;
Amendment 201 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 a
Article 2 – paragraph 1 – point 14 a
Amendment 206 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on a method established in accordance withand harmonised at Union lawevel;
Amendment 218 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
Article 5 – paragraph 1 – point e a
(ea) for all goods, where the producer makes it available, information that the goods benefit from a commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;
Amendment 223 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e b
Article 5 – paragraph 1 – point e b
(eb) for energy-using goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after- sales services and commercial guarantees provided in accordance with point (e);
Amendment 225 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e c
Article 5 – paragraph 1 – point e c
(ec) for goods with digital elements, where the producer makes such information availapplicable, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;
Amendment 232 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e d
Article 5 – paragraph 1 – point e d
(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the reasonably expected minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;
Amendment 233 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point ed a (new)
Article 5 – paragraph 1 – point ed a (new)
(eda) The manufacturer of the product shall provide the relevant information on sustainable consumption choices to all other traders interacting with the customers for the purpose of delivering such an information to customers. The traders who do not act as the manufacturers of the product shall be responsible for presenting all required information. The manufacturer shall be responsible for the accuracy and correctness of the information unless it concerns an obvious or otherwise easy to discover false claim for a diligent economic operator.
Amendment 237 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
(i) where applicable and where the provider makes such information available, the reparability score for the goods;
Amendment 238 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) where the producer does not make available the information referred to in point (i), information that the producer has not provided information on the reparability score. This information shall be displayed in a prominent way;
Amendment 243 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j a (new)
Article 5 – paragraph 1 – point j a (new)
(ja) where applicable, the information that the producer makes it possible, and provides access to the third party producers to information that facilitates manufacturing of replacement parts.
Amendment 254 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
Article 6 – paragraph 1 – point m a
(ma) for all types of goods, where the producer makes it available, information that the goods benefit from a commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;
Amendment 258 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m b
Article 6 – paragraph 1 – point m b
(mb) for energy-using goods, where the producer does not make available information referred to in point (ma), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after- sales services and commercial guarantees provided in accordance with point (m);
Amendment 259 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m c
Article 6 – paragraph 1 – point m c
(mc) for goods with digital elements, where the producer makes such information availapplicable, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durabilityvider provides software updates;
Amendment 266 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m d
Article 6 – paragraph 1 – point m d
(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the reasonably expected minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;
Amendment 267 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point md a (new)
Article 6 – paragraph 1 – point md a (new)
(mda) The manufacturer of the product shall provide the relevant information on sustainable consumption choices to all other traders interacting with the customers for the purpose of delivering such an information to customers. The traders who do not act as the manufacturers of the product shall be responsible for presenting all required information. The manufacturer shall be responsible for the accuracy and correctness of the information unless it concerns an obvious or otherwise easy to discover false claim for a diligent economic operator.
Amendment 272 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point u
Article 6 – paragraph 1 – point u
(u) where applicable, and where the provider makes such information available the reparability score for the goods;
Amendment 273 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point u a (new)
Article 6 – paragraph 1 – point u a (new)
(ua) where the producer does not make available the information referred to in point (u), information that the producer has not provided information on the reparability score. This information shall be displayed in a prominent way.
Amendment 279 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v a (new)
Article 6 – paragraph 1 – point v a (new)
(va) where applicable, the information that the producer makes it possible, and provides access to the third party producers to information that facilitates manufacturing of replacement parts.
Amendment 282 #
2022/0092(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
By [5 years from adoption], the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council. That report shall contain an assessment if the Directive contributed to the removal of the non-tariff barriers to the trade of sustainable products and services in the internal market and achieved the objective of enhancing the protection of consumers against unfair commercial practices and misleading advertising of products advertised as sustainable as well as a summary of positive and negative effects on businesses, and in particular on small and medium-sized enterprises.
Amendment 286 #
2022/0092(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [1824 months from adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 289 #
2022/0092(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from [2430 months from adoption].
Amendment 299 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 a
Annex I – point 4 a
4a. Making a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to thevague or non-specific environmental claim.
Amendment 301 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b
Annex I – point 4 b
4b. Making an environmental claim about the entire product when it actually concerns only a certain aspect of the product and which overall value for the environment does not exceed other elements of the product.;
Amendment 315 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 d
Annex I – point 23 d
23d. Omitting to inform the consumer that a mandatory software update will have reasonably predictable consequences and as a result will negatively impact the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.
Amendment 331 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 g
Annex I – point 23 g
23g. Presenting goods as allowing repair when they do not or repair is significantly hindered, or omitting to inform the consumer that goods do not allow repair in accordance with legal requirements.
Amendment 340 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i a (new)
Annex I – point 23i a (new)
23ia. Offering by the same producer or trader of disadvantageous terms or of a shorter period of commercial guarantee for the same product in one or more Member States resulting in a disadvantageous situation when comparing the situations in different Member States.
Amendment 1 #
2021/2040(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Toy Safety Directive (TSD) was adopted in 2009 to ensure a high level of health and safety for children and guaranteimprove the functioning of the internal market for toys, and in particular to facilitate the exchange of goods between Member States by removing barriers to trade;
Amendment 16 #
2021/2040(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the rules and requirements for toys remain, in many cases, stricter than the rules for other products used by children on a daily basis;
Amendment 24 #
2021/2040(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recognises that the implementation of and preparation for the proper application of the TSD was a laborious process extending over many years and requiring significant financial investment by European toy manufacturers; stresses the importance of legal stability for the stable development of domestic businesses, especially small and medium-sized family enterprises;
Amendment 31 #
2021/2040(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that despite the implementation of the directive’s ambitious provisions, the internal market and consumers still face a significant number of dangerous toys; believes that the key to improving child protection is better enforcement of the current rules, in particular through market surveillance and a tightening of borders by the customs services;
Amendment 32 #
2021/2040(INI)
5. Recognises the flexibility and durability of the TSD, given that in the period 2012- 2019, the Directive has been it was amended 14 times to adapt to the new scientific evidence pointing out previously unknown risks for children, especially in the area of chemicals; is concerned, however, that problems remain that cannot be solved through implementing aattempts to solve some of the problems by means of implementing acts may have limited effects;
Amendment 63 #
2021/2040(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned that the stricter provisions for chemicals in toys intended for children aged under 36 months do not take into account the fact that older children remain vulnerable to dangerous substances; notes that this distinction can result in manufacturers circumventing the provisions by indicating that the toy is intended for children above 36 months even when it is clearly not the case; stresses that several stakeholders and Member States have indicated that this distinction is clearly inadequate and asked for it to be eliminated; calls on the Commission, therefore, to do so in its revision of the TSD and after analysing the margin of safety for the level of chemicals, to decide whether this distinction needs to be abolished; is of the opinion that when a given chemical is deemed to be dangerous for children, its use should be restricted in all children’s products;
Amendment 71 #
2021/2040(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that effective market surveillance by the relevant services is essential for the application of the provisions of the TSD to be effective and to ensure that consumers in the internal market can choose only safe and compliant products which guarantee a high level of protection for children; urges the Member States, together with the Commission, to work continuously to improve the organisation and effectiveness of the relevant public authorities, including by allocating sufficient funding;
Amendment 73 #
2021/2040(INI)
12. Notes that the TSD contains an obligation for Member States to perform market surveillance under the precautionary principle, test toys on the market and verify manufacturers’ documentation with a view to withdrawing unsafe toys and taking action against those responsible for placing them on the market; is concerned that the effectiveness of market surveillance under the TSD is limited, put, which is key to protecting the health and safety of children at risk and, is limited, undermining the level playing field forcompetitiveness of economic operators that comply with the legislation, to the benefit of rogue traders, who do not apply European rules and operate mainly outside the common market;
Amendment 83 #
2021/2040(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and calls on the Member States to implement it fully and as quickly as possible;
Amendment 85 #
2021/2040(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to assess the Member States’ implementation and application of Regulation (EU) 2019/1020 as a matter of urgency, taking particular account of national market protection strategies and obligations under Article 25; calls on the Commission to provide active support to Member States in the enforcement and assessment of national market protection strategies;
Amendment 89 #
2021/2040(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to explore possibilities for using new technologies, including conducting pilot programmes to research the toy market in Europe, such as blockchain and artificial intelligence to facilitate the work of market surveillance authorities by providing easily accessible and structured information on products and their traceability;
Amendment 94 #
2021/2040(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. WDraws attention to the limited funding and human resources, which in recent years has reduced the effectiveness and reach of many market surveillance authorities; in this connection, welcomes the adoption of the Single Market Programme and the introduction of a specific objective and dedicated resources for market surveillance, which will contribute to ensuring that only safe and compliant toys enter the EU market;
Amendment 97 #
2021/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to step up coordination of their market surveillance activities and actively share experiences, including on the methods and technologies used in customs controls to effectively stop the import of unsafe toys; stresses that maintaining a constant level of effective controls throughout the Union on toys coming from outside the internal market remains essential in order to ensure that they comply with European legal requirements;
Amendment 110 #
2021/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned by the new vulnerabilities and risks posed by connected toys; calls on the Commission to explore different optionsNotes that some of today’s connected toys have limited safeguards or a complete lack of safeguards against cyber threats; calls on toy manufacturers, where appropriate, to take cybersecurity into account in toy design and manufacture; calls on the Commission to assess, based on an approach which takes into account risk and the proportionality principle, the need for action, such as extending the scope of the TSD to include provisions on information security or reinforcing the relevant horizontal legislation, such as the Radio Equipment Directive and the Cybersecurity Act, as well as the GDPR, while keeping Parliament informed of its choices;
Amendment 121 #
2021/2040(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that the development of e-commerce poses challenges for market surveillance authorities in ensuring the compliance of products sold online; notes that many products bought online fail to conform to EU safety requirements and is concerned byat the high number ofuse of online sales platforms by rogue sellers or manufacturers to sell dangerous toys sold online;
Amendment 123 #
2021/2040(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recognises the positive role of e- commerce, including the role of online marketplaces, which have enabled the development of European toy manufacturers; stresses, in this context, the growth in these businesses’ activities both inside and outside the European Union;
Amendment 131 #
2021/2040(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that online marketplaces should take additional steps, in keeping with their role in the supply chain, to ensure the safety and compliance of toys sold on their platforms; insists in the strongest termwelcomes the voluntary commitments by online marketplaces to ensure product safety, such as the Product Safety Pledge, which served as an inspiration for the provisions proposed in the revision of the General Product Safety Directive; insists, in this sense, that it is fundamental to ensure consistency between different instruments such as the Digital Services Act and the future legislative act revising the GPSD when it comes to the responsibilityobligations of online marketplaces, under and the proper application of the principle ‘what is illegal offline is illegal online’;
Amendment 140 #
2021/2040(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights the added value of the ‘know your business customer’ principle to increase compliance and traceability of toys sold online; regrets that the product safety pledge has shown limited effects so far; callwelcomes, therefore, for increased responsibilities for online marketplaces to detect and remove unsafe and non- complithe new provisions in the Digital Services Act, complemented by solutions allowing for the notification of illegal toys by consumers antd toys from their platforms and preventrusted flaggers and the obligations arising from their reappearancevision of the GPSD;
Amendment 147 #
2021/2040(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it essential to provideassess the need for a broader scope for amendments in the future revision, including mechanical and physical requirements in particular for children under 36 months, limit values for nitrosamines, labelling provisions for allergenic fragrances and CMRs;
Amendment 157 #
2021/2040(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 83 #
2021/0420(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 91 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point z
Article 3 – paragraph 1 – point z
(z) ‘maritime port’ means an area of land and water made up of such infrastructure and equipment so as to permit, principally, the reception of waterborne vessels, their loading and unloading, the storage of goods, the receipt and delivery or further transmission of those goods and the embarkation and disembarkation of passengers, crew and other persons and any other infrastructure necessary for transport operators within the port area;
Amendment 96 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The environmental assessment of plans and projects shall be carried out in accordance with Council Directive 92/43/EEC49 , Directives 2000/60/EC50 , 2001/42/EC51 , 2002/49/EC52 , 2009/147/EC53 and 2011/92/EU of the European Parliament and of the Council54 . For the projects of common interest for which the environmental assessment has not yet been carried out at the date of entry into force of this Regulation, it should also include the assessment of the compliance with the “do no significant harm” principle. __________________ 49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 50 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 51 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30). 52 Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189 18.7.2002, p. 12). 53 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, O. 7). 54 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
Amendment 98 #
2021/0420(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Commission may requirecommend Member States by means of an implementing act to establish a single entity for the construction and management of cross-border infrastructure projects of common interest. The relevant European Coordinator shall have the status of observer in the management or supervisory board or in both of that single entity.
Amendment 102 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shall ensure that the railway infrastructure of the extended core network, including connections referred to in Article 14(1), point (d), by 31 December 20405:
Amendment 104 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 2
Article 16 – paragraph 2 – point c – paragraph 2
When constructing or upgrading a passenger line of the extended core network or sections thereof, Member States shall perform a study to analyse the feasibility and economic, where applicable and economically feasible, perform a study to analyse relevance of higher speeds, and build or upgrade the line to such higher speed where its feasibility and economic relevance are demonstrated.
Amendment 106 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall ensure that on the railway infrastructure of the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), by 31 December 20405:
Amendment 108 #
2021/0420(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 109 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
In the promotion of projects of common interest related to railway infrastructure, and where relevant, in addition to the general priorities set out in Articles 12 and 13, attention shall be given to the following:
Amendment 114 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point k a (new)
Article 24 – paragraph 3 – point k a (new)
(k a) dual use infrastructure utilised for activities such as military mobility.
Amendment 116 #
2021/0420(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
(d) introduction and promotion of new technologies and innovation for zero and low carbon energy fuels and propulsion systems, including LNG;
Amendment 117 #
2021/0420(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) improve the resilience of the logistic chains and, international maritime trade and security of the energy supply, including in relation to climate adaptation;
Amendment 119 #
2021/0420(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point f
Article 28 – paragraph 1 – point f
Amendment 121 #
2021/0420(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point b
Article 29 – paragraph 2 – point b
(b) rest areas are available at a maximum distance of 60 km from each other, providing sufficient parking space, relevant safety and security equipment, and appropriate facilities, including sanitary facilities, that meet the needs of a diverse workforce;
Amendment 122 #
2021/0420(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) safe and secure parking areas are available at a maximum distance of 100 km from each otherdensity required by the traffic volume, market demand and other relevant factors, providing a sufficient parking space for commercial vehicles and complying with the requirements set out in Article 8(1), point (a), of Regulation (EU) 2020/105469 ; __________________ 69 Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (OJ L 249, 31.7.2020, p. 1).
Amendment 128 #
2021/0420(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point d
Article 31 – paragraph 1 – point d
(d) when building or upgrading road infrastructure, ensure the continuity and accessibility ofroad infrastructure is not obstructing pedestrian and cycling paths in order to promote the active modes of transport.
Amendment 130 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 1 – introductory part
Article 35 – paragraph 3 – subparagraph 1 – introductory part
Within twohree years after the entry into force of this Regulation, Member States shall conduct a market and prospective analysis on multimodal freight terminals on their territory. This analysis shall at least:
Amendment 137 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point d
Article 44 – paragraph 1 – point d
(d) improve the safety and sustainability of the movement of persons, services and of the transport of goods;
Amendment 138 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point i
Article 44 – paragraph 1 – point i
(i) introduce dual use technology, security technology and compatible identification standards on the networks;
Amendment 139 #
2021/0420(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Projects of common interest for which an environmental impact assessment must be carried out in compliance with Directive 2011/92/UE shall be subject to climate proofing. The climate proofing shall be undertaken based on the latest available best practice and guidance to ensure that transport infrastructures are resilient to the adverse impacts of climate change, through a climate vulnerability and risk assessment, including through relevant adaptation measures, and through integration of the costs of greenhouse gas emissions in the cost- benefit analysis. Such requirement does not apply to projects for which the environmental impact assessment has been completed before entry into force of this Regulation.
Amendment 141 #
2021/0420(COD)
Proposal for a regulation
Article 47 – paragraph 2 – subparagraph 1 – introductory part
Article 47 – paragraph 2 – subparagraph 1 – introductory part
Member States shall make best effort to ensure that the information notified pursuant to paragraph 1 is made available at least twelve months before the final decision on the implementation of the project of common interest. The information shall in particular include:
Amendment 142 #
2021/0420(COD)
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 1
Article 47 – paragraph 3 – subparagraph 1
No later than thirty calendar days, unless agreed otherwise between Member State and the Commission, following the receipt of information pursuant to paragraph 1, the Commission may request additional information from the Member State where the project of common interest is planned. Any request for additional information shall be duly justified, limited to information necessary to carry out the assessment pursuant to paragraph 5, proportionate to the purpose of the request and not unduly burdensome for the Member State where the project of common interest is planned.
Amendment 153 #
2021/0420(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Based on the first work plan of the European Coordinators, the Commission shall adopt an implementing act for each work plan of the cross-border European Transport Corridors and the two horizontal priorities. This implementing act shall set out the priorities for infrastructure and investment planning and for funding.
Amendment 154 #
2021/0420(COD)
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
4. Until full implementation of the measures provided for in the implementing act, the Member States concerned shall communicate to the Commission an biannual report on the progress achieved, indicating in particular the financial commitments made in the national budget plan.
Amendment 157 #
2021/0420(COD)
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
Amendment 161 #
2021/0420(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
Amendment 166 #
2021/0420(COD)
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 2
Article 62 – paragraph 3 – subparagraph 2
Amendment 738 #
2021/0420(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Commission may requireconsult Member States by means of an implementing act to establish a single entity for the construction and management of cross-border infrastructure projects of common interest. The relevant European Coordinator shall have the status of observer in the management or supervisory board or in both of that single entity.
Amendment 840 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Member States shall ensure that the railway infrastructure of the comprehensive network, includingexcept connections referred to in Article 14(1), point (d), by 31 December 2050:
Amendment 849 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
Amendment 859 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point e
Article 15 – paragraph 2 – point e
Amendment 877 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Without prejudice to paragraph 3, upon request of a Member State, in duly justified cases, exemptions shall be granted by the Commission by means of implementing acts in respect of requirements referred to in this Article on the ground of specific geographical or significant physical constraints, negative result of socio-economic cost-benefit analysis or potential negative impacts on environment or biodiversity. Any such request shall be substantiated with sufficient justification. The request for exemptions shall be coordinated and agreed with the neighbouring Member State(s) in case of cross-border sections. A Member State may request the granting of several exemptions in a single request.
Amendment 879 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shall ensure that the railway infrastructure of the extended core network, includingexcept connections referred to in Article 14(1), point (d), by 31 December 2040:
Amendment 883 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
(a) meets the requirements set out in Article 15(2), points (a) to (e), and of a prevailing minimum operational line speed of 100 km/h, where the topography allows, for freight trains on the freight lines of the extended core network;
Amendment 893 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 1
Article 16 – paragraph 2 – point c – paragraph 1
allows for a prevailing minimum line speed of 160 km/h for passenger trains, where the topography allows, on the passenger lines of the extended core network;
Amendment 895 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 2
Article 16 – paragraph 2 – point c – paragraph 2
If the topography does not allow for above speed parameters, the requirements may not be applied without exemption procedure. When constructing or upgrading a passenger line of the extended core network or sections thereof, Member States shall perform a study to analyse the feasibility and economic relevance of higher speeds, and build or upgrade the line to such higher speed where its feasibility and economic relevance are demonstrated.
Amendment 897 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Member States shall ensure that the railway infrastructure of the core network, includingexcept connections referred to in Article 14(1), point (d), by 31 December 2030:
Amendment 901 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
(a) meets the requirements set out in Article 15(2), points (a) to (d), and of a prevailing minimum operational line speed of 100 km/h, where the topography allows, for freight trains on the freight lines of the core network;
Amendment 902 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 1 (new)
Article 16 – paragraph 3 – subparagraph 1 (new)
If the topography does not allow for above speed parameters, the requirements may not be applied without exemption procedure.
Amendment 907 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 4 – introductory part
Article 16 – paragraph 4 – introductory part
4. Member States shall ensure that the railway infrastructure of the core network, includingexcept connections referred to in Article 14(1), point (d), by 31 December 2040:
Amendment 919 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 5 a (new)
Article 16 – paragraph 5 a (new)
5a. Without prejudice to paragraph 4, upon at the request of a Member State, in duly justified cases, exemptions shall be granted by the Commission by means of implementing acts in respect of requirements referred to in this article on the ground of specific geographical or significant physical constraints, negative result of socio-economic cost-benefit analysis or potential negative impacts on environment or biodiversity. Any such request shall be substantiated with sufficient justification. The request for exemptions shall be coordinated and agreed with the neighbouring Member State(s) in case of cross-border sections. A Member State may request the granting of several exemptions in a single request.
Amendment 928 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall ensure that on the railway infrastructure of the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), by 31 December 2040:
Amendment 931 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) ERTMS is equippedon the railway infrastructure of the extended core network and the comprehensive network, except connections referred to in Article 14(1), point (d), ERTMS is equipped, while ensuring a synchronised and harmonised ERTMS deployment trackside and on board of trains;
Amendment 942 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) class B systems are decommissionedERTMS is deployed on connections referred to in Article 14(1), point (d), of the extended core and the comprehensive network where such equipment is deemed necessary by the Member State concerned in coordination with the relevant stakeholders, in particular the infrastructure manager.
Amendment 950 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that by 31 December 2030: – the railway infrastructure of the core network, including connections referred to in Article 14(1), point (d), by 31 December 2030 meets the requirements of paragraph 1, point (a). except connections referred to in Article 14(1), point (d),meets the requirements of paragraph 1 – ERTMS is deployed on connections referred to in Article 14(1), point (d), of the core network where such equipment is deemed necessary by the Member State concerned in coordination with the relevant stakeholders, in particular the infrastructure manager.
Amendment 952 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 956 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Member States shall ensure that on the railway infrastructure of the core network, the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), as of 31 December 202530, in case of construction of a new line or upgrade of the signalling system, radio-based ERTMS is being deployed.
Amendment 963 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5a. Member States shall ensure that radio-based ERTMS is deployed by 31 December 2050 on connections referred to in Article 14(1), point (d), of the core network, the extended core network and the comprehensive network, where such equipment is deemed necessary by the Member State concerned in coordination with the relevant stakeholders, in particular the infrastructure manager. In case of construction of a new line, such deployment shall be ensured as of 31 December 2030.
Amendment 969 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. At the request of a Member State, in duly justified cases, exemptions mayshall be granted by the Commission by means of implementing acts in respect of requirements referred to in paragraphs 1 to 5a. Any request for exemption shall be based on negative result of a socio- economic cost-benefit analysis and an assessment of the impact on interoperability. An exemption shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council59 , be coordinated and agreed with the neighbouring Member State(s) where applicabley such request shall be substantiated with sufficient justification elements. The request for exemptions shall be coordinated and agreed with the neighbouring Member State(s) where applicable. A Member State may request the granting of several exemptions in a single request. Requested exemptions shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council59. The Commission shall assess the request in view of the elements justification provided under the first subparagraph. __________________ 59 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).
Amendment 996 #
2021/0420(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 1546 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Each European Coordinator of the European Transport Corridors and the two horizontal priorities shall draw up, in the consultation with Member States, at the latest two years after the entry into force of this Regulation and thereafter every four years, a work plan that provides a detailed analysis of the state of implementation of the corridor or horizontal priority under his/her competence and its compliance with the requirements of this Regulation as well as the priorities for its future development.
Amendment 1794 #
2021/0420(COD)
Proposal for a regulation
Annex 3 – part 5/14
Annex 3 – part 5/14
Amendment 1818 #
2021/0420(COD)
Proposal for a regulation
Annex 4 - part 1/12 and part 8/12
Annex 4 - part 1/12 and part 8/12
Amendment 173 #
2021/0170(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not covered by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of accidents, the right of information for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation whento the extent that there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation. __________________ 25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 175 #
2021/0170(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The precautionary principle is a fundamental principle for ensuring the safety of products and consumerrisk-based approach is a proportionate way to ensure a high level of safety of products and consumers, while guaranteeing that efforts are focused on the products possessing realistic hazards and should therefore be taken into due account by all relevant actors when applying this Regulation.
Amendment 178 #
2021/0170(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can also ultimatelyto the extent that it can reasonably be expected to result in a risk to the health and safety of consumers. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
Amendment 192 #
2021/0170(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 196 #
2021/0170(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Specific cybersecurity risks affecting the safety of consumers as well as protocols and certifications can be dealt with by sectorial legislation. However, it should be ensured, in case of gaps inProducts which are complaint with [Regulation (EU) No 2022/30], or other Union legal acts applicable to the product in question, should be considered as being in compliance with this Regulation in regard to the cybersecurity requirements. However, it should be ensured that, in exceptional cases where the sectorial legislation, that cannot be applied, the relevant economic operators and national authorities take into consideration risks linked to new technologies, respectively when designing the products and assessing them, in order to ensure that changes introduced in the product do not jeopardise its safety.
Amendment 197 #
2021/0170(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The safety of products should be assessed taking into account all the relevant aspects, notably their characteristics and presentation as well asthe characteristics of the product, including its composition, packaging, instructions, taking into account the nature of the product, for assembly, maintenance or commissioning; product appearance, labelling; warnings and instructions for its use and any other information made available to the consumer with regard to the product. Furthermore, the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.
Amendment 233 #
2021/0170(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. SWhere applicable, such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. Marketplaces should be allowed a degree of flexibility concerning listings such as custom or craft products. Similarly, microenterprises or one-person businesses should be exempted from certain obligations, in order to avoid unnecessary side-effects such as disclosure of personal information. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.
Amendment 236 #
2021/0170(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) It is also important that online marketplaces closely cooperate with the market surveillance authorities, law enforcement authorities and with relevant economic operators on the safety of products. For example marketplaces could elevate their online interface to redirect consumers to valuable information on recalls, listed by relevant market surveillance authorites. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 in relation to products covered by that Regulation and should therefore be extended to all consumer products. For instance, market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, for the purpose of product safety, market surveillance authorities may also need to scrape data from the online marketplaces.
Amendment 301 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. This Regulation shall be applied taking due account of the precautionary principlerisk-based approach.
Amendment 307 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
Amendment 315 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
Amendment 317 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
3 a. 'high-risk product' means the products/product categories listed in Annex [ ];
Amendment 318 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
5 a. 'accident' means a sudden event or incident that occurs as a result of using a product and resulting in death or injury requiring medical treatment, such as cuts, poisoning and burns;
Amendment 328 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
14. ‘online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application, operated by or on behalf of a trader, which allows consumers to conclude distance contracts with other traders or consumtraders for the sale of products covered by this Regulation;
Amendment 333 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;
Amendment 335 #
2021/0170(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(a a) existing conventional law,
Amendment 342 #
2021/0170(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) if it conforms to relevant European standards or parts thereof as far as the risks and risk categories covered are concerned, the references of which have been published in the Official Journal of the European Union in accordance with Article 10(76) of Regulation (EU) 1025/2012;
Amendment 344 #
2021/0170(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements and complies fully with Regulation (EU) 2019/515.
Amendment 346 #
2021/0170(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shallmay adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down the general safety requirement laid down in Article 5 where the following conditions have been fulfilled: (a) no reference to harmonised standards covering the relevant essential health and safety requirement is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; and (b) the Commission has justified the reason for not publishing in the Official Journal any European standard , vis-a-vis the Committee of Standards referred to in Article 22 of Regulation (EU) No 1025/2012 and that Committee has endorsed the justification applying Article 5 of Regulation (EU) No 182/2011. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
Amendment 357 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Where the presumption of safety laid down in Article 56 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:
Amendment 362 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the effect that other products might have on the product to be assessed, including the effect of non-embedded items that are meant to determine, change or complete the way another product falling under the scope of this Regulation works, which have to be taken into consideration in assessing the safety of that other productwhen the interaction of those other products are reasonably foreseeable;
Amendment 374 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point h
Article 7 – paragraph 1 – point h
(h) when required by the nature of product, the appropriate cybersecurity features necessary to protect the product against unplanned external influences, including malicious third parties, when such an influence might have an impact on the safety of the product or measures to mitigate the impact on safety to an acceptable level;
Amendment 379 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point i
Article 7 – paragraph 1 – point i
(i) the evolving, learning and predictive functionalities of a product. when such an influence has an impact on the safety of the product;
Amendment 389 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. By … [6 months after the date of entry into force of this Regulation] the Commission shall publish guidelines with regard to the extended WHO definition of 'health' and how it will impact the assessment provided for in this Article, including sample cases and relevant information for stakeholders.
Amendment 404 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to file complaints and to inform them manufacturer of any accident or safety issue they have experienced with the product.
Amendment 407 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 414 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers shall keep distributors, importers and online marketplaces in the concerned downstream supply chain informed of any relevant safety issue that they have identified.
Amendment 431 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark, the website and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted. The Commission is empowered to adopt delegated act in accordance with Article 41 to amend this Regulation by adjusting the list set out in the first subparagraph of this paragraph appropriately to market trends and wide adoption of certain technologies, such as QR code.
Amendment 436 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available. This requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information. The instructions may be provided in a digital format unless otherwise requested by consumers at the time of purchase of the product. Consumers shall be informed about the opportunity to obtain non- digital instructions and safety information prior to the transaction.
Amendment 447 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. Manufacturers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe, shall immediately take the corrective measures necessary to bring the product into conformity, including a withdrawal or recall, understood also as ceasing of functioning or of utilising the product, as appropriate.
Amendment 451 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 11
Article 8 – paragraph 11
11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the Member States in which the product hasWhere a corrective measure has been taken by a market surveillance authority or where a manufacturer is to act on its own initiative after discovering a relevant risk, consumers shall be notified of the risk to their health and safety presented by a product to that effect, giving details, in particular, of the risk to health and safety of the consumer and of any corrective measure already taken. Relevant market surveillance authority shall be notified about the approximate number of products in question, left on the market. The notification shall been made available to that effect, giving details,via the Safety Portal referred to in paArticular, of the risk to health and safety of consumers and of any corrective measure already takenle 32 or the Safety Business Gateway referred to in Article 25, respectively, or where appropriate via tools provided for in paragraph 2 of this Article.
Amendment 455 #
2021/0170(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A manufacturer may, by a written mandate, appoint an authorised representative. A copy of the mandate shall be made available to the relevant market surveillance authorities.
Amendment 489 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and relevant market surveillance authorities, including information about the approximate number of products in question, left on the market, and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Importers shall ensure that, through the Safety Business Gateway referred to in Article 25, consumers are immediately and effectively alerted of the risk where applicable and that market surveillance authorities of the Member States in which they made the product available to that effect be immediately informed, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken.
Amendment 502 #
2021/0170(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Single notification for supply chain The notification obligation referred to in Article 8(11), Article 10(8) and Article 11(3) and (4) of this Regulation, shall be considered sufficient if submitted by a single entity from the relevant supply chain in order to avoid duplication of notifications.
Amendment 503 #
2021/0170(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 504 #
2021/0170(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) the changes have not been made by the consumer for their own use. or are performed upon specific request by the consumer in order to customise the product;
Amendment 511 #
2021/0170(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks. Market surveillance authorities may request the economic operators to submit regular progress reports where required by the magnitude of the risk or inefficient corrective actions by the economic operator, and decide whether or when the corrective measure can be considered completed.
Amendment 514 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. For the products, categories or groups of products covered by a delegated act referred to in paragraph 2b of this Article, Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall also apply to products covered by this Regulationhigh-risk products. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.
Amendment 525 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. When the products referred to in paragraph 1 of this Article which are made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of such products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 526 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. The Commission is empowered to adopt delegated acts in accordance with Article 41 to supplement this Regulation by determining the products, categories or groups of products for which an obligation referred to in paragraph 1 of this Article is to apply. When adopting those delegated acts, the Commission shall take into account the potential risk to the health and safety of consumers caused by the products concerned, based on the information from Safety gate, consultations with the Member States authorities and other relevant evidence.
Amendment 527 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The name, registered trade name or registered trade mark, website and contact details, including the postal and electronic address, of the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be indicated on the product or on its packaging, the parcel or an accompanying document. The Commission is empowered to adopt delegated act in accordance with Article 41 to amend this Regulation by adjusting the list set out in the first subparagraph of this paragraph appropriately to market trends and wide adoption of certain technologies, such as QR code.
Amendment 529 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
Amendment 531 #
2021/0170(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall put in place procedures for providing economic operators, at their request and free of charge, with information with respect to the implementation of this Regulationnational transposition and implementation of Union harmonisation legislation applicable to products. For this purpose, Article 9(1), (4) and (5) of Regulation (EU) 2019/515 shall apply.
Amendment 541 #
2021/0170(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
Amendment 543 #
2021/0170(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. When preparing the delegated acts referred to in paragraph 3, the Commission shall continue consultations with the stakeholders and Member States, organised via existing or ad hoc expert groups, and shall take due account of the recommendations;
Amendment 547 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) pictures and other information to identify the product, including its type and, when available, batch or serial number and any oand any other product identifier that allows ther product type to be identifierd;
Amendment 555 #
2021/0170(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident demonstrably caused by a product placed or made available on the market is notified, within two working days from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
Amendment 582 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate. For those purposes, the market surveillance authority shall allow communication by email or other digital automated system, and to that end shall publish necessary information for that purpose on the Safety Gate.
Amendment 595 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 5 – introductory part
Article 20 – paragraph 5 – introductory part
5. For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders, where applicable, to provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing:
Amendment 601 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 5 – point c
Article 20 – paragraph 5 – point c
(c) information to identify the product, including its type and, when available, batch or serial number and an any other product identifier necessary to identify other product identifiertype;
Amendment 613 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point a
Article 20 – paragraph 6 – point a
(a) cooperatinge with market surveillance authorities and with relevant economic operators to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and informing consumers thereof;
Amendment 616 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point a a (new)
Article 20 – paragraph 6 – point a a (new)
(a a) inform traders and market surveillance authorities about the information communicated by consumers on accidents or safety issues with regard to the product offered for sale online by those traders through their services;
Amendment 619 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) subject to paragraph 6a, allowing access to their interfaces for the online tools operaApplication Programming Interfaces (APIs) for the sending of functions calls via those APIs to facilitate a reasoned requested by market surveillance authorities to identify dangerous products;
Amendment 623 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point e
Article 20 – paragraph 6 – point e
(e) uponsubject to paragraph 6a, upon a precise data request of the market surveillance authorities concerning individual or linked cases, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces (data scraping), allowing to scrape the scraping of such data for product safety purposes based on the identification parameters provided by the requesting market surveillance authorities.
Amendment 627 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 a (new)
Article 20 – paragraph 6 a (new)
Amendment 637 #
2021/0170(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Articles 10 to 16, Articles 18 and 19 and Articles 21 to 24 of Regulation (EU) 2019/1020 shall apply to products covered by this Regulation. When the competent authorities of the Member States take measures provided for in art. 11, 16 and 20 or Regulation (EU) 2019/1020, they shall act in accordance with the Treaty, and in particular Articles 28 and 30 thereof, in such a way as to implement the measures in a manner proportional to the seriousness of the risk, and taking due account of the precautionary principle.
Amendment 666 #
2021/0170(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a Development of Information and Communication Systems 1. The Commission shall adopt a biennial work programme, specifying priorities and objectives for maintenance, development and introducing new functionalities of Information and Communications systems referred to in Article 20(5) of Regulation (EU) 2019/1020 and Articles 23, 25 and 32 of this Regulation, for the purpose of this Regulation and giving particular attention to: (a) introduction of fully digital, automated and secure exchange of information between relevant Member State authorities and market participants; (b) adoption of the systems, proposed timelines, budget and number of dedicated staff to execute the tasks envisaged. 2. No later than three months after finalisation of the work programme, the Commission shall draw up a report mapping out conclusions and summarising the effects of that work programme. If necessary, that report shall specify the reasons that did not allow specific objectives to be achieved.
Amendment 670 #
2021/0170(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. If the Commission becomes aware of a new type of product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, after consulting and taking due account of the opinion of Member States' authorities, it may take any appropriate measures, either on its own initiative or upon request of Member States, by means of implementing acts, adapted to the gravity and urgency of the situation if, at one and the same time:
Amendment 682 #
2021/0170(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Products that have been deemed dangerous on the basis of a decision of a market surveillance authority in one Member State shall be presumed dangerous by market surveillance authorities in other Member States unless the risks identified by the Member State concerned do not apply in other Member States.
Amendment 709 #
2021/0170(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Information available to the authorities of the Member States or to the Commission relating to measures on products presenting relevant risks to consumer health and safety shall in general be made available to the public, in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. In particular, the public shall have access to information on product identification, the nature of the risk and the measures taken. This information shall be provided in accessible formats for persons with disabilities.
Amendment 725 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall be allowed to make use of this information for recalls and safety warnings.
Amendment 730 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information, they shallmay offer the possibility to their customers to provide separate contact details only for safety purposes. The personal data collected for that purpose shall be limited to the necessary minimum and may only be used to contact consumers in case of a recall or safety warning.
Amendment 737 #
2021/0170(COD)
Proposal for a regulation
Article 34 – paragraph 2 – point d
Article 34 – paragraph 2 – point d
(d) clear description of the action consumers should take, including an instruction to immediately stop using the recalled product or an alternative equally effective measure that ensures the safety of the consumer and the product;
Amendment 741 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist ofe consumer shall be given the opportunity to choose from at least onetwo of the following options:
Amendment 742 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771 and Directive (EU) 85/374/EEC, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at least one of the following:
Amendment 743 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at least one of the following:
Amendment 745 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) cost-free repair of the recalled product;
Amendment 746 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) cost-free replacement of the recalled product with a safe one of the same type and at least the same value and quality;
Amendment 747 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) refund of the value of the purchase price at the time of acquiring of the recalled product.
Amendment 766 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and assessed case-by-case. Member States shall, by [insert date - 312 months after to the date of entry into force of this Regulation], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 767 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point e
Article 40 – paragraph 2 – point e
Amendment 770 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 3 – point i
Article 40 – paragraph 3 – point i
(i) falsifydamaging test resultssamples or obstructing sample testing.
Amendment 774 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 5 – introductory part
Article 40 – paragraph 5 – introductory part
5. Member States may also impose periodic penalty payments to compel economic operators or online marketplaces, where applicable:
Amendment 776 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 6
Article 40 – paragraph 6
6. By 31 March of each year, Member States shall inform the Commission ofThe Commission shall collect relevant data entered by Member States' authorities from Safety Gate about the type and the size of the penalties imposed under this Regulation, identify the actual infringements of this Regulation, and indicate and consolidate information regarding the identity of economic operators or online marketplaces upon which penalties have been imposed.
Amendment 779 #
2021/0170(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The power to adopt delegated acts referred to in Article 8(7), Article 15(3) and Article 17(3) shall be conferred on the Commission for an indeterminate period of time from [insert date - the date of entry into force of this Regulation].
Amendment 780 #
2021/0170(COD)
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. A delegated act adopted pursuant to Article 17(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 785 #
2021/0170(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
It shall apply from [624 months after the entry into force of this Regulation].
Amendment 2 #
Amendment 6 #
2020/2217(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s intention to create a genuine single market for data as it will be the backbone of Europe’s data economy; considers that ensuring trust in digital services is fundamental for the digital single market and should be at the heart of both public policy and business models;
Amendment 8 #
2020/2217(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that information security and privacy is a key challenge in promoting data sharing; reminds the Expert Group report1a findings about the limited trust currently existing between a given private company or civil-society organisation and the public-sector body as it comes to the storage, access and processing of data which further prevents those collaborations from happening; in this respect understands that data providers may not be comfortable to share their data in the absence of the information security and privacy; calls on the Commission to firstly ensure significant improvement of security and privacy during the storage, access and processing of data in the public-sector before introducing a new framework; __________________ 1aTowards a European strategy on business-to-government data sharing for the public interest, Final report prepared by the High-Level Expert Group on Business-to-Government Data Sharing, 2020
Amendment 12 #
2020/2217(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. General principles of the Data strategy proposals (Subtitle 2)
Amendment 14 #
2020/2217(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Stresses that any strategy or proposal from the Commission should be accompanied by documents which inter alia include best practices, cost-benefit analyses, statistics and quantification of the detailed financial burden on the Union budget, the budgets of the Member States and operational costs for businesses, including SMEs;
Amendment 15 #
2020/2217(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Highlights the existing positive examples in B2B and B2G data sharing; calls on the Commission to test its goals using data-sharing pilots and sandboxes; stresses that without proven success, efficiency and value for money of pilot projects, the Union should neither support nor finance any complex project related to the digital transformation, including data sharing;
Amendment 17 #
2020/2217(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Calls on the Commission to promote sharing of all, not only high- quality data, and to introduce data-quality indicators, to measure consistency, timeliness and content quality;
Amendment 18 #
Amendment 19 #
2020/2217(INI)
Draft opinion
Paragraph 1 i (new)
Paragraph 1 i (new)
1i. Asks the Commission to provide an evidence on how many consumers are interested in Personal data spaces;
Amendment 27 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European values and fairness in competition; believes that citizens’ data could help in developing innovative green solutions and services, including green and digital, that would benefit European consumers and companies; asks the Commission to consider how to support data altruismsharing in full compliance with European legislation;
Amendment 33 #
2020/2217(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds that Commission´s Evaluation report on GDPR confirms that the GDPR, together with the Free Flow of Non-Personal Data Regulation ensures the free flow of data within the EU; urges the Commission, to properly describe reasons for the necessity of further legislation on Data spaces in order to avoid unnecessary administrative or regulatory burden;
Amendment 41 #
Amendment 57 #
2020/2217(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the European Parliament recommended to the Commission to consider analyses of certain data related measures in recently adopted resolution Digital Services Act: Improving the functioning of the Single Market;
Amendment 74 #
2020/2217(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Asks the Commission to particularly take into consideration the issues of confidentiality and protection of trade secrets in the context of the Data Economy very carefully;
Amendment 77 #
2020/2217(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the Commission and Member States to promote the data- sharing culture, led by example and share their data in the visible, users friendly, transparent and easily automated process;
Amendment 82 #
Amendment 83 #
2020/2217(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, includingperly assess the idea of European cloud services, including cost-benefit analyses to build cloud infrastructure and to create system superstructure on top of existing cloud services including cloud services based outside of the EU territory; considers the need to analyse interoperability issues, the need to create and improve codes of conduct, certification and standards, in a ‘cloud rulebook’; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid unnecessary transaction costs and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges. ;
Amendment 94 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the need to promote the most cost-effective cloud service solution in the Union regardless of their origin, highlights that both private and public sectors rely mostly on already existing cloud services provided by well- established global private companies in third countries;
Amendment 7 #
2020/2081(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to a joint statement on Belarus of EPP, S&D, Renew Europe, Greens/EFA and ECR groups in the European Parliament of 17 August 2020,
Amendment 29 #
2020/2081(INI)
Motion for a resolution
Recital A
Recital A
A. whereas despite the fundamental restrictions on basic freedoms and human rights that remain in Belarus, the EU policy of critical engagement with Belarus has produced some results in the form of signed agreements and increased cooperation; whereas future relations between the EU and Belarus will be defined in the Partnership Priorities to be agreed by both sideEU and new legitimate, democratically elected authorities in Belarus;
Amendment 32 #
2020/2081(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the people of Belarus share common European heritage and culture, while directly neighbouring three EU Member States; whereas situation in Belarus may have direct impact on the EU;
Amendment 45 #
2020/2081(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the OSCE ODIHR International Election Observation Mission noted an overallnone of either the parliamentary or presidential elections held in Belarus from 1994 to date have been free and fair, but despite these harsh undemocratic conditions the people of Belarus clearly voted for a change, after more than two decades of oppression; whereas recent presidential elections were neither free nor fair and even more than the previous ones were marred with disregard for the fundamental freedoms of assembly, association and expression during the 2019 parliamentary elections, whichand took place after a limited amount of campaigning and within an extremely restrictive environment that did not provide for a meaningful or competitive political contest overall;
Amendment 52 #
2020/2081(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the 2020 presidential elections have thus far followed the same pattern as the parliamentary electionssimilar pattern as previous elections; whereas after publication of falsified results, Belarusian people immediately organised peaceful protests, which were suppressed by brutal force, which resulted in thousands of protestors being arrested, tortured, wounded, and some even killed; whereas the United Nations human rights investigators alarmed on 01/09 that they had received reports of hundreds of cases of torture, beatings and mistreatment of anti-government protesters by police in Belarus and urged the authorities to stop any such abuse;
Amendment 88 #
2020/2081(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas human rights and democracy in Belarus have been deliberately and brutally restricted by the Belarusian authorities over the past decades, while representatives of the opposition, civil society and media in the country have been regularly arrested or otherwise persecuted;
Amendment 94 #
2020/2081(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the Belarusian regime seeks to intimidate and to disperse the Coordination Council of Belarus by targeting its members and launching a criminal case against them;
Amendment 96 #
2020/2081(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas Belsat TV channel, which is officially registered in Poland, so far has not been registered in Belarus, while its activities are under constant pressure and attacks, including brutal detentions of its journalists and fines imposed to its contributors amounting to USD 101,791 as of 18 June 2020;
Amendment 109 #
2020/2081(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas 26 years in power or Lukashenka had been marked by policies of undermining sovereignty and independence of the country and weakening of Belarusian identity, heritage and culture;
Amendment 162 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) acknowledge territorial integrity of Belarus and support the sovereignty of Belarus against pressure from the Russian Federation for deeper integration and remind Belarus that the European Union is open to further development of relations with the country both bilaterally and within the Eastern Partnership framework if Belarus meets conditions linked to democracy, the rule of law, international law, human rights and fundamental freedoms;
Amendment 165 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
Amendment 221 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) pay close attention to the presidential election campaign and insist that a lack of progress in conducting elections according to international standards and further crackdowns against the opposition will have direct adverse effects on relations wicall for holding new and transparent Presidential and Parliamentary elections in Belarus that would meet the democratic standards and call on the EU, OSCE, CoE to engage in dialogue with the Belarusian civil society with a view to launch a new electoral process, under the supervision of a new Electoral Commission, a body that can be trusted by all the parties including international observers, under the the EUight international scrutiny;
Amendment 226 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
(ea) deny recognition of the results of the elections held in Belarus on 9 August 2020 and Alexander Lukashenko as a legitimate leader President of Belarus; accordingly, call on him to respect the decision of the people of Belarus and peacefully step down;
Amendment 231 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e b (new)
Paragraph 1 – point e b (new)
(eb) applaud the Belarusian people for their courage and determination and to strongly support their desire for democratic change and freedom and basing their country’s future on principles of democracy, rule of law and human rights, so as to ensure freedom, independence, sovereignty and prosperity of the Republic of Belarus;
Amendment 233 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e c (new)
Paragraph 1 – point e c (new)
Amendment 236 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e d (new)
Paragraph 1 – point e d (new)
(ed) deplore persecution of the members of the opposition Coordination Council and call the authorities to enter into the dialogue with the protestors in order to end the violence and repressions and prepare a new elections;
Amendment 248 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point f a (new)
Paragraph 1 – point f a (new)
(fa) condemn efforts of the Belarusian regime to deny entrance to the country for Belarusians critical towards it, as well as independent journalists, human rights workers, as well as representatives of international community, including Members of the European Parliament;
Amendment 254 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
Amendment 264 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g b (new)
Paragraph 1 – point g b (new)
(gb) uphold the decision of EU’s foreign affairs ministers and the European Council to blacklist those responsible for violence and fake presidential elections and impose individual sanctions against Belarusian officials who are liable for or have contributed to the falsification of the results of the presidential elections in Belarus and are responsible or have contributed to violations of civil and human rights; this list should be constantly updated and extended according to the level of crimes committed by Lukashenko regime;
Amendment 270 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g c (new)
Paragraph 1 – point g c (new)
(gc) note that China's president was the first to congratulate Lukashenka after the elections; to express concerns over increasing Chinese investments in strategic infrastructure and warn about the effect of dependency it might create for Belarus;
Amendment 289 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) condemn the ongoing intimidation and persecution of opposition figures, including presidential hopefuls, civil society activists and independent journalists; strongly condemn the suppression of internet and media, road blockades, and intimidation of journalists in order to stop the flow of information about the situation in the country as well as denial of access to Belarus for international media, members of parliament or government of democratic community;
Amendment 297 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
(ia) commend actions taken by workers of numerous factories and institutions throughout the country that joined the protests in various ways, including strikes and provide necessary support for those of them who were punished by the regime for exercising their democratic rights;
Amendment 300 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point i b (new)
Paragraph 1 – point i b (new)
(ib) welcome numerous acts of solidarity with the people of Belarus, including fundraising, charity and humanitarian assistance; in this regard condemn stopping of humanitarian aid transport organised by "NSZZ Solidarnosc";
Amendment 304 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point j a (new)
Paragraph 1 – point j a (new)
(ja) approve the European universal human rights sanctions (European Magnitsky Act) as a regime providing, at the EU level, for restrictive measures, including entry bans and freezing of funds, against individuals liable for violations of human rights and freedoms and responsible for other crimes;
Amendment 325 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point l a (new)
Paragraph 1 – point l a (new)
Amendment 361 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point o a (new)
Paragraph 1 – point o a (new)
(oa) offer the alternative of strengthened and much closer cooperation with Belarus in case democratic changes, including new elections, become reality;
Amendment 362 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point o b (new)
Paragraph 1 – point o b (new)
(ob) work together with the European Commission in order to develop a comprehensive programme for Belarus after the new presidential elections are held, which would allow Belarus to transition towards a free market economy and an open democratic state;
Amendment 14 #
2020/2077(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that placing sustainable products on the internal market should be the norm and calls for a horizontal Sustainable Product Framework Directive setting mandatory minimum requirements for durability, interoperability, reparability, upgradability, reusability and recyclability for all products alongside further product-specific requiremenfor which there is a technical justification for such requirements and which can significantly contribute to the objectives set out in the Circular Economy Action Plan; calls on the Commission to work closely with Member States and stakeholders to compile an open catalogue of such products;
Amendment 23 #
2020/2077(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to take action to create a harmonised market for secondary raw materials that would allow European businesses to achieve economies of scale and resource efficiency, and consequently more attractive prices for consumers;
Amendment 25 #
2020/2077(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for consideration to be given to the adverse impact of the COVID-19 pandemic in the Member States on the implementation of a multi-faceted plan of gradual transition to a sustainable, resource-efficient economic system;
Amendment 29 #
2020/2077(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that standardisation is key to implementing a sustainable product policy by providing reliable definitions, metrics and tests for characteristics such as durability and reparability; insists that standards be developed in a timely manner and in line with real-use conditions while avoiding administrative bottlenecks; highlights the need to reform the standardisation process to ensure more inclusive and transparent participation of all relevant stakeholders and to consistently mainstream sustainability in standard-setting;
Amendment 35 #
2020/2077(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes it necessary to promote and create policies that raise awareness, which is the basis for the demand for circular economy products, and that support new and innovative business models;
Amendment 41 #
2020/2077(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s intention to empower consumers to further engage in sustainable consumption practices; calls for mandatory labelling on product durability and reparability, and the development of a repair score, in addition to minimum information requirements; asks foran enhanced dialogue with stakeholders with a view to developing a harmonised standard for voluntary product durability and reparability labels, which will facilitate consumer decision-making; asks for appropriate research to be carried out in order to consider the validity and effectiveness of the extension of both the legal guarantee rights and the reversed burden of proof rules to be extended, based on the lifespan of products, and the introduction of direct producer liability, and fother legislative measures to banduring the revision of Directive 2019/771; considers it advisable to develop a model for investigating practices resulting in the premature obsolescence of products, in order to objectively analyse products placed on the single market and effectively counteract this practice if it is detected;
Amendment 65 #
2020/2077(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the establishment of an EU-wide ‘right to repair’; calls, in this context, for measures to provide unrestricted and free access to repair and maintenance information and to spare parts to all market participants, to define a mandatory minimum period of time for the availability of spare parts and/or updates, a maximum time-limit for their delivery, and for repair to be given priority under the legal guarantee regimewhile respecting the right to preserve trade secrets, and for the mandatory definition by the manufacturer, as part of the product information, of the minimum period of time for the availability of spare parts and/or updates;
Amendment 67 #
2020/2077(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is convinced that encouraging or imposing an obligation on manufacturers to manufacture repairable products should be done in parallel with supporting the development and freeing up the flow of repair and maintenance services, and with promoting and supporting the domestic and local production of components and parts;
Amendment 75 #
2020/2077(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that effectivWelcomes the enfforcement is crucial to making sure thatts to ensure the compliance of products placed on the market comply with, as well as to model future sustainability requirements; calls, therefore, for greater EU oversight, through setting harmonised rules on the minimum number of checks and their frequency, and by empowering the Commission to monitor and audit the activities of national authorities, as well as to carry out regular tests and inspectionsenhanced cooperation between Member States and market participants, with a view to the exchange of best practices and their evaluation by the European Commission; stresses the need for the full implementation and enforcement of existing legislation in this area;
Amendment 86 #
2020/2077(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the importance of transparent and reliable information on product characteristics for consumers, businesses and market surveillance authorities, and welcomestakes note of the Commission’s intention to develop a digital product passport; and calls, in this regard, for mandatory information requirements to apply throughout the supply chain, covering not only aspects such as durability and reparability, but also social and environmental condita careful assessment of the legitimacy of implementing mandatory digital passports, taking into account the proportionality, practicality and effectiveness of the announced provisions;
Amendment 104 #
2020/2077(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for a revision of EU public procurement legislation introducing mandatory minimum targets, through defining a certain percentage for procurement based on environmental, social and ethical criteria, and introducing a hierarchy of award criteria, together with sector-specific targets, with a view to supporting demand for products designed and manufactured in accordance with the circular economy idea.
Amendment 111 #
2020/2077(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of the unhindered development and adaptation of breakthrough technologies, such as AI, to maximising efficiency, recovering raw materials, and managing resource- efficient production more efficiently;
Amendment 112 #
2020/2077(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Expresses concern that the introduction of overly prescriptive rules that do not take account of market realities and ignore the practical aspect of their implementation will lead to costs being passed on to consumers, a reduced choice of available products, and the purchase of products imported into the EU from third countries by less well-off sections of society; points out, in this context, the risk of asymmetries arising between products produced in Europe and those produced in third countries;
Amendment 117 #
2020/2077(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Believes it necessary to consider introducing provisions to strengthen the relevant monitoring authorities so that they can better detect products imported into the common market that pose unacceptable risks to health and the environment.
Amendment 1 #
2020/2076(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines that the COVID-19 pandemic has altered the fundamentals of the European economy, both in terms of public finances and the private sector’s capacity to provide employment opportunities and invest resources in assets or innovations; it has also caused delays both in manufacturing and in obligatory adaptations stemming from legislation; moreover, it has shown the EU dependence in certain strategic value chains;
Amendment 9 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. RecognisesExpects, therefore that the Industrial Strategy, prepared prior to the outbreak and published at an early stage of the pandemic in Europe, will require substantial revision, to reflect the change in fundamentals and the new mission of the Von Der Leyen Commission: to return economies across the EU to growth and to strengthen all economies, both north and south and east and west, to the benefit of citizens and businesses;
Amendment 25 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that, based upon the comprehensive evidence base, the Commission’s new Industrial Strategy should prioritise the economic recovery and citizens' welfare and opportunities, so as to underline the common commitment to rebuilding the Single Market and delivering benefits for all Member States and their citizens; calls on the Commission to broaden the application of the ‘proportionality test’, so as to ensure all efforts, at all levels, support the development of a strong Single Market;
Amendment 39 #
2020/2076(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that EU industrial competitiveness relies on a fully functioning Single Market in Services; recalls the ongoing ‘servitisation’ process of industry; underlines that the Commission must consider how to address barriers to cross- border services as part of any revised set of priorities, given its well- documented potential for boosting competitiveness and growth across the EU;
Amendment 51 #
2020/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the importance of sustainability, which is central to plans to develop European industry; recalls in this regard the European Council conclusions of 12 December 2019, highlighting the need to establish a framework for actions that benefits all Member States and encompasses adequate instruments, incentives, support and investments to ensure a cost-effective, just, as well as socially balanced and fair transition; believes that this framework should take into account different national circumstances in terms of starting points;
Amendment 59 #
2020/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises that the public and private sector will encounter significant financial constraints in the coming years, impacting their ability to support a programme of investment and infrastructure development, particularly with regard to the Green Deal objectives; expresses concern about an unequal pace of development, particularly in less developed parts of the EU, where achieving transformation demands far more significant actions; strongly calls on the Commission in its revised Industrial Strategy to adopt a model with flexibility and support, in order that no one is left behind;
Amendment 66 #
2020/2076(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the significant role public procurement plays in shaping the trajectory of European industry; stresses that a common European market for public procurement offers significant opportunities for companies located both within and outside the EU; underlines therefore the need to recognise the reciprocity principle, in particular when European companies are denied equal opportunities in third countries;
Amendment 97 #
2020/2076(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Recalls that the automotive sector is touched by many of the transformations expected in the future economy and, additionally, has been deeply affected by the impact of the COVID-19 pandemic; considers that the revised Industrial Strategy should foresee particular actions for this sector, including appropriate financial support, stimulating demand for vehicles as part of removing older models from roads across the EU, not only in some Member States and removing any obstacles to innovations on the market, by unblocking type approval and registrations of the latest-technology vehicles and investing in future-oriented infrastructures like recharging and re- fuelling stations.
Amendment 104 #
2020/2076(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses the importance of measures and information channels to help small and medium-sized enterprises and start-ups to effectively digitise and advance into ‘industry 4.0‘; calls on the Commission and the Member States to offer support to start-ups and SMEs via additional financial commitments to the Single Market Programme and Digital Innovation Hubs to develop, deploy and protect their products and thus enable them to fully realise their potential for growth and jobs in Europe; stresses the importance of coordination with other important global players in emerging technologies, so as to create a globally compatible approach that would allow for free expansion of European companies, including SMES, on global markets, not only those in Europe;
Amendment 116 #
2020/2076(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Considers IPCEI projects to have a key role in strengthening different dimensions of the Internal Market, in view of their significant scale and use of financing; supports the use of cohesion policy funds to enhance the delivery of current and future projects, considering the opportunities they offer to support the advancement of European SMEs.
Amendment 4 #
2020/2018(INL)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the European Parliament resolution of 12 December 2018 on the single market package (2018/2903(RSP),
Amendment 7 #
2020/2018(INL)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Communication from the Commission of 10 March 2020, entitled “An SME Strategy for a sustainable and digital Europe” (COM/2020/103),
Amendment 9 #
2020/2018(INL)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the commitments made by the Commission in its “Political Guidelines for the next European Commission 2019-2024" and before the European Parliament on 10 September 2019,
Amendment 13 #
2020/2018(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the European Parliament resolution of 15 June 2017 on online platforms and the digital single market (2016/2276(INI),1a __________________ 1a OJ C 331, 18.9.2018, p. 135
Amendment 15 #
2020/2018(INL)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
Amendment 18 #
2020/2018(INL)
Motion for a resolution
Recital A
Recital A
A. whereas e-commerce influences the everyday lives of people, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may have contributed positively to unlocking the potential of the Digital Single Market,; whereas further discussion is needed in order to find out whether and how to enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;
Amendment 28 #
2020/2018(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and it may no longer adequately reflects the rapid transformation and expansion of e- commerce in all its forms, with its multitude of different emerging services, providers and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 29 #
2020/2018(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market as amended by Directive (EU) 2019/2161 (EU) and Directives (EU) 2019/770 and (EU) 2019/771 on certain aspects concerning contracts for the supply of digital content and digital services and contracts for the sale of goods have only recently been adopted; whereas other proposals such as the proposal for Regulation on preventing the dissemination of terrorist content online and the proposal for a Directive on representative actions for the protection of the collective interests of consumers are in the legislative process;
Amendment 30 #
2020/2018(INL)
Motion for a resolution
Recital C
Recital C
C. whereas, despite the clarifications made by the European Court of Justice, the need to go beyond the existing regulatory framework is clearly demonstrated by the fragmented approach of Member States to tackling illegal content online, by the lack of enforcement and cooperation between Member State, and by the inability of the existing legal framework to promote effective market entry and consumer welfarere seems to be a lack of enforcement and cooperation between Member States;
Amendment 36 #
2020/2018(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas recent efforts to introduce national regulations within the scope of the announced Digital Services Act could undermine the achievements made regarding the Digital Single Market and introduce barriers to the detriment of cross-border commerce;
Amendment 40 #
2020/2018(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the social and economic challenges brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomiCOVID-19 outbreak caused major supply and demand shocks, adversely affected European businesses and has brought new social and economic challenges of the current regulatory framework which call for action at Union level to address the difficulties identified and to prevent them from happenthat deeply affect our citizens; whereas the e-commerce sector showed resilience and offers potential as a driver for relaunching in the futureEuropean economy;
Amendment 47 #
2020/2018(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas legal certainty and business-friendly legislation is essential to seed and grow innovative businesses in the Union, and to further close the gap to the global digital leaders;
Amendment 55 #
2020/2018(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the E-Commerce Directive requires platforms to take down illegal activity and illegal information but does not define them, which makes it hardly distinguishable from other harmful but not illegal content;
Amendment 57 #
2020/2018(INL)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas not the occasional reprehensible cases, but rather relevant data, statistics and analyses should demonstrate a need for any further measures;
Amendment 67 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reminds that it is of an utmost importance to prepare the proposal cautiously, following facts, statistics and best practices rather than several condemnable cases, outdated or partial statistics, in order to avoid any unintended consequences, hampering innovation and choice of consumers; stresses that gold- plating practices of Union legislation by Member States and unnecessary regulatory burdens or unnecessary restrictions must be avoided and the new obligations for platforms should be proportional and their meaning clear;
Amendment 71 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Reiterates its belief that an evidence-based approach is essential for generating a comprehensive understanding in this field; asks the Commission to provide a detailed analysis on the need for and impact of the Digital Single Act package;
Amendment 73 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Given the specific nature of the services covered by the E-Commerce Directive and the need to involve highly specialized experts, asks the Commission to provide a detailed quantification of the financial burden of the future proposal on the Union budget and the budgets of the Member States;
Amendment 74 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Welcomes the Commission soft- law instruments used in recent years to help understanding of legislative environment of platforms for all stakeholders, such as Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online; believes that the Commission should issue guidelines and recommendations for explaining digital services regulatory environment in order to secure rights of online users while stimulating innovation;
Amendment 95 #
2020/2018(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. ConsiderStresses that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of; considers that the consumer protection and user safety, should also become guiding principles of the future regulatory framework;
Amendment 96 #
2020/2018(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that there are distinctions and differences between digital services providers and the services they provide; stresses that what might make sense for some digital services providers in terms of content moderation may not be appropriate, nor technically feasible, for other types of services; therefore, calls on the Commission consider sector or purpose specific requirements approach;
Amendment 100 #
2020/2018(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a future-prooffair competition and a predictable, comprehensive EU-level framework and fair competiwithout unnecessary burdens and restrictions are crucial in order to promote the growth of all businesses in the field, including European small- scale platforms, small and medium enterprises (SMEs) and start-ups, prevent market fragmentation and provid and provide businesses, including the European businessesones, with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;
Amendment 112 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 123 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;
Amendment 125 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considerdifferentiating between the “digital” single market and the “offline” single market does not describe market realities; supports a level playing field for all participants of the internal market; notes that social protection and social rights of workers, especially of platform or collaborative economy workers are subject to national policies and should be properonly addressed ion a specific instrument, accompanying the future regulatory frameworkthe EU level in accordance to the proportionality and subsidiarity principles;
Amendment 139 #
2020/2018(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights and particularly the safeguard of freedom of speech and expression, should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market;
Amendment 155 #
2020/2018(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Asks the Commission to take into account whether reciprocal obligations from third countries adopted in reaction to the new EU rules would not hamper provision of services by EU based companies in third countries;
Amendment 158 #
Amendment 159 #
2020/2018(INL)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Reminds a common interest to support and enhance research, innovation and growth of competition on the digital market; notes that different rules for different providers of information society services, based on their size or other criteria might violate the meaning of fair competition rules; notes that too prescriptive and strict rules have the potential to hamper innovation;
Amendment 162 #
2020/2018(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively.; warns in that regard against applying pressure that would push online platforms and social networking sites into taking unnecessarily broad measures which have a chilling effect on content sharing and may undermine fundamental rights;
Amendment 172 #
2020/2018(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that confusing the role a private platform should play with those more properly within the remit of public bodies charged with enforcing or setting the law is unacceptable and creates risks for both citizens and businesses, neither of which are qualified to take such decisions;
Amendment 177 #
2020/2018(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce fundamental rights; considers that any reflection should consider how to reinforce fundamental rights, especially freedom of expression; recalls in this respect certain established self-regulatory and co-regulatory schemes such as the Code of Practice on disinformation, which have played a positive role in addressing those issues and could serve as a basis for future legislation;
Amendment 188 #
2020/2018(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that as it is the case with the E-Commerce Directive, the Digital Services Act should achieve the right balance between the internal market freedoms and the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union;
Amendment 189 #
2020/2018(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the Digital Services Act should achievebe based on the pright balance betweennciples of the internal market freedoms and the fundamental rights and principles set out in the Charterrecognition of Ffundamental Rrights of the European Union;
Amendment 197 #
2020/2018(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are toexposed the challenges EU consumers may face when shopping online, e.g. misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; recalls however, the number of proactive measures introduced by some online platforms that are addressing these issues;
Amendment 206 #
2020/2018(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established; and recalls that recent legislation adopted under the « New Deal for Consumers » imposes transparency obligations on marketplaces, making it clear with whom a consumer is contracting;
Amendment 212 #
2020/2018(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers thatSupports the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, should be substantially strengthened; requests proper enforcement of the existing framework before new obligations are put forward; proposes the continued review of the existing requirements based on the dialogue with stakeholders and social partners in search of potential added value in case of either strengthening or softening the current rulebook;
Amendment 234 #
2020/2018(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to analyse the need to require service providers to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensurequire that the information they provide is accurate and up-to-date;
Amendment 246 #
2020/2018(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and informationwith respect to privacy rules; considers that these obligations should be enforced by appropriortionate, effective and dissuasive penalties;.
Amendment 258 #
2020/2018(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthenfrequently reviewed; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing cannot be addressed by transparency obligawere recently addressed in the “New Deal for Consumers”3a legislation which awaits full transpositions and left to consumer choice aloneenforcement; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22). 3aDirective of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules
Amendment 270 #
2020/2018(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- cCommerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuringssess whether the existing legislation and policy in the areas of data protection, competition, consumer protection and business to business obligations do not adequately address non- discrimination, transparency and explainability of algorithms, as well as liability; points out the need to monitor algorithms and to assess associated risks, to use high quality and unbiased datasets, without compromising trade secrets, violating user privacy or data disclosure laws, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;
Amendment 287 #
2020/2018(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; believes that it is and it should be possible for consumers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems; believes that a decision issued via automated decision- making should be a subject of a remedy which is made out of an automated system, i.e. by human assessment;
Amendment 294 #
2020/2018(INL)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that automated content moderation tools are incapable of effectively understanding the subtlety of context and meaning in human communication, which is necessary to determine whether assessed content may be considered to violate the law or terms of service; stresses therefore that the use of such tools should not be mandated by law;
Amendment 316 #
2020/2018(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online; believes, however, that a more aligned approach at Union level, taking into account the different types of content,recalls the fact that misinformative and harmful content is not always illegal; requests further to establish a definition of illegal information and activities to simplify compliance; believes, that a more aligned approach at Union level will make the fight against illegal content more effective;
Amendment 332 #
2020/2018(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but additional measures are needed in order to ensure the swift detection and removal of illegal content online; ; points that codes of conduct on countering illegal hate speech online improved the response of the platforms to the flagged content to 89% within 24 hours, 95 % under 48 hours, 99.3 % in a week; asks the Commission for the code of conduct on actions related to feedback provided to users of platforms, to ensure that users are informed how their notifications were resolved;
Amendment 341 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Considers that more legal clarity is needed to encourage platforms and information society services providers to engage in additional voluntary actions for content moderation, above what is required by law; points out that the current EU legal regime creates an incentive for platforms and information society services providers to either refrain from taking reasonable proactive moderation, or to over-remove valuable content in the course of moderating for fear of losing their safe harbour protections and facing legal consequences;
Amendment 346 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Considers that any deployment of voluntary measures for content moderation shall not be treated as information society services providers having actual knowledge about illegal activities happening on their platforms, underlines that information society services providers shall not be held liable if they have not obtained actual knowledge or awareness of such activities; stresses that the limited liability principle has been one of the key enablers of European innovation;
Amendment 348 #
2020/2018(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of nationalo which extend national rules in the Member States are circumventing the basic rules in of the Member StatesE-Commerce Directive - the country of origin principle and to propose concrete non-legislative or legislative measures including a transparent notice- and-action mechanism, that can empower both users to notifyand online intermediaries of the existence ofto deal appropriately with potentially illegal online content or behaviour, help information service providers to make faster and more precise decision on content moderation and which could empower the enforcement authorities to apply existing rules in a coherent and legally sound way; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy; stresses that content moderation rules and decisions should be clear and predictable for consumers;
Amendment 353 #
2020/2018(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a well- defined notice- and-actiotakedown mechanism with boundaries, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; highlights that such mechanism could be only complete if it is introduced together with a counter-notice mechanism; is of the opinion that such measures would guarantee a high level of users' and consumeprotection to all actors' protectionarticipating in the system, while promoting consumer trust in the online economy;
Amendment 372 #
2020/2018(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; reminds that the “primary” liability for illegal content should stay with a person uploading this content and should be different in volume and severity from “secondary” liability of service provider, i.e. responsibility for timely removal of illegal content;
Amendment 383 #
2020/2018(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Asks the Commission to consider the introduction of the good Samaritan clause whereby service providers that use voluntary measures to detect and remove illegal content online should not lose their liability protection; reminds that voluntary content moderation measures does not necessarily means full knowledge about illegal content uploaded by users and cannot in any case mean introduction of general monitoring principle in any form;
Amendment 407 #
2020/2018(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards; notes in this context the existence of the Rapid Alert System for dangerous non- food products;
Amendment 423 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Asks the Commission to provide exact data and analyses on unsafe and dangerous products originated from both the Union and third countries;
Amendment 436 #
2020/2018(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy; reminds that regulation may also act as a gatekeeper, as large companies can benefit from their scale and regulatory reach which enables them to adapt to new regulations which smaller companies find too complex or costly to comply with;
Amendment 445 #
2020/2018(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone; believes that any regulatory intervention in this area should be supported by evidence demonstrating proven market failures and that the activities of such large platforms have resulted in significant consumer harm;
Amendment 469 #
2020/2018(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Believes that, in view of the cross- border nature of digital services, effective supervision and cooperation between Member States, including sharing the best practices, is key to ensuringe the proper enforcement of the Digital Services Act;
Amendment 498 #
2020/2018(INL)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to gather information on all alternative dispute settlement solutions in Member States, provide data on their functioning and analyse whether there is a need and a possibility to strengthen and modernise the current provisions on out-of-court settlement and court actions to allow for an effective enforcement and consumer redress;
Amendment 504 #
2020/2018(INL)
Motion for a resolution
Annex I – part -I (new)
Annex I – part -I (new)
-1 The Digital Services Act package should be evidence-based and its impact assessment should inter alia include quantification of the financial burden on the Union budget and the budgets of the Member States;
Amendment 514 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 3
Annex I – part I – paragraph 3
The Digital Services Act should provide consumers and economic operators, especially micro, small and medium-sized enterprises, with legal certainty and transparency, support innovation while reducing barriers to market entry and provision of services, including regulatory barriers;
Amendment 535 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2
Annex I – part I – paragraph 6 – indent 1 – subi. 2
- clear and detailed procedures and measures related to the removal of illegal content online, including a harmonised legally-binding European notice-and action-take- down and counter-notice mechanisms;
Amendment 537 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3
Annex I – part I – paragraph 6 – indent 1 – subi. 3
- effective supervision, cooperation and sanctions which are proportionate, effective and dissuasive with regard to the systemic failure in question;
Amendment 542 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 2
Annex I – part I – paragraph 6 – indent 2
- an internal market legal instrument imposing ex-ante obligations on large platforms irrespective of their country of origin with a gatekeeper role in the digital ecosystem, complemented by an effective institutional enforcement mechanism, where there are proven market failures and where it has been proven that large platforms undermine the EU competition principles.
Amendment 548 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 1
Annex I – part II – paragraph 1
In the interest of legal certainty, the Digital Services Act should clarify which digital services fall within its scope. The new legal act should follow the horizontal nature of the E-Commerce Directive and apply not only to online platforms but to all digital services, which are not covered by specific legislation;
Amendment 560 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 4
Annex I – part II – paragraph 4
The Digital Services Act should maintain the possibility for Member States to notify the Commission of its intention to set a higher level of consumer protection and pursue legitimate public interest objectives, where it is necessary and proportionate to do so, in accordance with EU and national law;
Amendment 567 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 6
Annex I – part II – paragraph 6
The Digital Services Act should also clarify in a coherent way how its provisions interact with recently adopted rules on geo-blocking, product safety, platforms to business relations and consumer protection, among others, and other anticipated initiatives such as AI regulation;
Amendment 573 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
Annex I – part III – paragraph 1 – indent 1
- clarify if and to what extent “new digital services”, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
Amendment 581 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4
Annex I – part III – paragraph 1 – indent 4
- clarify of what falls within the remit of the "illegal content” definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal content;
Amendment 582 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4
Annex I – part III – paragraph 1 – indent 4
- clarify of what falls within the remit of the "illegal content” definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal contentand “illegal activity” definitions;
Amendment 592 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators and their trends that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a problematic systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users, user time spent), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, any barrier to provision of services by its competitor etc.
Amendment 605 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Amendment 623 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – introductory part
Annex I – part IV – paragraph 1 – subparagraph 2 – introductory part
The Digital Services Act should require service providers to adopt fair and transparent contract terms and general conditions in compliance with at least the followingcombining existing and new requirements:
Amendment 626 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2
Amendment 631 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
Amendment 634 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4 a (new)
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4 a (new)
- to ensure that cancellation process is similarly effortless as the sign-up process (with no “dark patterns” or other influence on consumer decision);
Amendment 636 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
- to specify clearly and unambiguously in their contract terms and general conditions the exactmain parameters of their AI systems and how they can affect the choice or behaviour of their usersdetermining ranking and the reasons and importance of those parameters as opposed to other parameters.
Amendment 647 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
- TheIf technically feasible, proportionate and proven to provide the added-value, transparency requirements shcould include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement;
Amendment 655 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4
Annex I – part IV – paragraph 1 – subheading 4
Amendment 659 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4
Annex I – part IV – paragraph 1 – subheading 4
Amendment 683 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4
Annex I – part IV – paragraph 1 – subparagraph 4
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines, which shall be proportionate to the systemic failures in question.
Amendment 689 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – introductory part
Annex I – part V – paragraph 1 – introductory part
The Digital Services Act or other ancillary non-legislative measures should provide clarity and guidance regarding how online intermediaries should tackle illegal content online while fully respecting the “no general monitoring” principle. The revised rules of the E- Commerce Directive should:
Amendment 718 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 1
Annex I – part V – subheading 1
1. A notice-and-actiotakedown mechanism
Amendment 719 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – introductory part
Annex I – part V – paragraph 2 – introductory part
The Digital Services Act should establish a harmonised and legally enforceable notice- and-actio takedown mechanism based on a set of clear processes and precise timeframes for each step of the notice- and-actiotakedown procedure. That procedure should be completed by the counter-notice mechanism. That notice-and-actiotakedown mechanism should:
Amendment 724 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 1
Annex I – part V – paragraph 2 – indent 1
- apply only to illegal online content or behaviour;
Amendment 752 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 11
Annex I – part V – paragraph 2 – indent 11
- create an obligation for the online intermediaries to verify the notified contentcontent of the notice and reply to the notice provider and the content uploader with a reasoned decision;
Amendment 753 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 12
Annex I – part V – paragraph 2 – indent 12
- provide remedies to contest the decision via a counter-notice, including if the content that has been removed via automated solutions, if technically feasible and free from the risk of exposing the underlying technology and allowing « gaming » of the system, or unless such a counter- notice would conflict with an ongoing investigation by law enforcement authorities.
Amendment 767 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 2 – indent 3
Annex I – part V – subheading 2 – indent 3
- All interested parties should have the right to contest the decision through a counter-notice and by having recourse to out-of-court dispute settlement mechanism; to this end, the rules of Article 17 of the E-Commerce Directive should be revised.
Amendment 781 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 – indent 5
Annex I – part V – paragraph 3 – indent 5
- the description of the content moderation model applied by the hosting intermediary, as well as any algorithmic decision making which influences the content moderation process.
Amendment 793 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 5
Annex I – part V – paragraph 5
The Digital Services Act should address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit- making purposes and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active nature.
Amendment 804 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 6 a (new)
Annex I – part V – paragraph 6 a (new)
Voluntary measures A voluntary measures clause would encourage companies to engage in additional voluntary actions for content moderation, above what is required by law. The purpose would be to remove an assumption and a risk that if a company engages in a good faith in such voluntary actions, it automatically loses the safe harbour protection. In the current legislative environment, companies undertake such measures at their own risk, as they may incur liability for failing to act in relation to illegal content that they identify, even when they conclude in good faith that the content need not be removed. The risk of liability creates a perverse incentive for companies to either refrain from taking reasonable proactive moderation, or to over-remove valuable content in the course of moderating and consequently possibly violating the freedom of speech or other fundamental rights. A voluntary measures clause would also ensure that where a platform or an information society service provider has voluntarily reviewed one or more pieces of content in respect of one or more types of unlawfulness (or for violations of its content policies, e.g., defamation), the provider is not deemed to have knowledge of the unlawfulness of other, unreviewed, pieces of content on its platform (copyright violations). Equally, the provision would ensure that where the information society service provider has voluntarily reviewed content in respect of one or more types of unlawfulness (or for violations of its content policies), the provider is not deemed to have knowledge of all of the other potential ways in which that same content might be unlawful.
Amendment 813 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4
Annex I – part VI – paragraph 2 – indent 4
- ensure that online marketplaces remove, in accordance with notification made by relevant authorities any misleading information given by the supplier or by customers, including misleading guarantees and statements made by the supplier;
Amendment 823 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 houra reasonable time of receiving a notification from the relevant authorities;
Amendment 844 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9
Annex I – part VI – paragraph 2 – indent 9
- explore expanding the commitment made by somepositive incentives that could e-ncommerce retailers and the Commission to remove dangerous products from sale more rapidly under the voluntary commitment scheme called “Product Safety Pledge” and indicate which of those commitments could become mandatoryurage further companies to join the voluntary commitment scheme called “Product Safety Pledge”.
Amendment 858 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
Annex I – part VII – paragraph 2 – indent 1
- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair marketmarket failures caused by the behaviour byof “systemic platforms” in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;
Amendment 863 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2
Annex I – part VII – paragraph 2 – indent 2
- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “systemic platforms”, from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking- in consumers; in response to detailed findings by a regulatory authority, undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this prior to any order entering into force;
Amendment 865 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2
Annex I – part VII – paragraph 2 – indent 2
- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “systemic platforms”, from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking- in consumers yet authorities should bear the burden of proof for this; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;
Amendment 869 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3
Annex I – part VII – paragraph 2 – indent 3
Amendment 874 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 4
Annex I – part VII – paragraph 2 – indent 4
- empower regulatory authorities to adopt interim measures, and to impose behavioural remedies in the first instance and if these are not satisfied within the time limit settled by authorities, subsequently proportionate fines on “systemic platforms” that fail to respect the different regulatory obligations imposed on them;
Amendment 881 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
Annex I – part VII – paragraph 2 – indent 6
- impose highappropriate levels of interoperability measures requiring “systemic platforms” to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems, taking into account the trade-off between interoperability and the potential risks of data sharing for consumers. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it. Related detailed estimations of the financial burden on the EU or national budgets must be included in the impact assessment of the Digital Services Act package.
Amendment 884 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
Annex I – part VII – paragraph 2 – indent 6
- impose high levels of interoperability measures requiring “systemic platforms” operating in the same markets to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms operating in the same markets or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it.
Amendment 6 #
2020/2007(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the European Professional Card enhances safe professional mobility and creates a framework for a simpler, faster and more transparent recognition of the qualifications;
Amendment 17 #
2020/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that, in the present health crisis, free movement of workers in the field of health services clearly demonstrates the benefits of the PQD;, especially given its digital elements and proven effectiveness in facilitating labour mobility1a; calls to further expand the list of professions that could be governed within the framework of the EPC to offer swift and less burdensome way of recognising qualifications for European workers; __________________ 1aKoumenta, M. and Pagliero, M., Measuring Prevalence and Labour Market Impacts of Occupational Regulation in the EU, 2016, p. 88.
Amendment 24 #
2020/2007(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines, that uninterrupted mobility of health professionals and carers should be ensured where possible, in view of the COVID-19 pandemic as well as future demographic challenges;
Amendment 30 #
2020/2007(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that insufficient national implementation of existing legislation continues to seriously hamper the free mobility of workers within the EU to the detriment of workers and the European economy as a whole; urges the Members States to refrain from gold-plating the legislation in order to safeguard their markets from fair competition; points at lack of harmonised interpretation of EU law by the Member States such as the recently revised Posting of Workers Directive 2018/957/EU, which leads to lack of legal clarity and bureaucratic burdens for companies providing services in various Member States;
Amendment 35 #
2020/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regrets insufficient access to information with regards to mobility of services; underlines that information available on single official national websites is often provided in few languages only and limited in scope; underlines, that access to information on domestic collective agreements is especially difficult; calls on the relevant European and national authorities to take appropriate steps aimed at establishing a single template for single official national websites and to make them compatible with SDG to ease access to relevant information between different Members States;
Amendment 54 #
2020/2007(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the Services Directive and the PQD builds on the principle of mutual recognition to facilitate free movement of services and recommends to extend this principle to the Services Directive; believes that the continuous updating of the Annex V of the PDQ, which lists all the qualifications that comply with the minimum requirements could further benefit professionals in Europe; calls on the Member States to extend mutual recognition to more levels of education and to improve or introduce the necessary procedures as soon as possible;
Amendment 63 #
2020/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the Commission to fully enforce existing rules and to make quick decisions on complaints to ensure that relevant issues from an end-user perspective are promptly handled and efficiently settled; calls for alternative resolution mechanisms to be assessed and for infringement procedures to be applied swiftly and rigorously whenever breaches of relevant legislation are identified or disproportionate burdens introduced;
Amendment 67 #
2020/2007(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that mobility of labour and services complexity increased in the recent years due to number of new European and national rules; calls on the Commission to regularly screen the Internal Market for administrative burdens and to lift them; asks the Commission and the Members States to devote additional resources to improve the functioning of the SOLVIT system as a way for a swift resolution of administrative problems in the Member States;
Amendment 76 #
2020/2007(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to improve tools such as the Points of Single Contact and the Single Digital Gateway and on the Member States to use such tools to provide workers, consumers and businesses with accurate and easily accessible information regarding their rights and obligations related to free movement within the single market.; recalls the need to accelerate the modernisation of the public administration so that it can process communication with citizens and businesses in a digital way;
Amendment 80 #
2020/2007(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises that due to the growing volume of labour and services’ mobility, digitalisation is a must; is of the opinion that the digital tools designed to facilitate mobility of labour and services as well as an exchange of the information between the different social security systems, such as digital A1Portable Document form, will improve workers’ protection, reduce administrative burdens and improve Member States cooperation;
Amendment 85 #
2020/2007(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Supports the Commission's Communication on "Long term action plan for better implementation and enforcement of Single Market rules" especially the proposals to: reinforce SOLVIT as a tool for Single Market dispute resolution, increase the Commission activity and support to the Member States as they transpose the EU law to ensure correct and harmonised interpretation across the Internal Market, create a Single Market obstacles tool under the Single Digital Gateway, allowing citizens and businesses to report anonymously on regulatory obstacles encountered by them while exercising their internal market rights; highlights further that the Commission should act decisively to mitigate discovered obstacles, as in the past identifying issues itself frequently led to little few achievements;
Amendment 86 #
2020/2007(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Member States, to implement the updated Commission Guidelines concerning the exercise of the free movement of workers during COVID- 19 outbreak in order to allow workers, in particular transport, frontier, posted and seasonal workers, and service providers to cross borders and have access to their place of work, unless imposed restrictions are dully justified; calls on the Commission to actively collect and present in a comprehensive way all relevant information including sanitary obligations and restrictions present in various Member States;
Amendment 229 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and alsunderpin the general idea that what is illegal offline should also be illegal online. The concept should be defined broadly to covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 237 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher. Furthermore, cloud services that have no active role in the dissemination, monetisation and organisation of the information to the public or end users, at their request, should not be considered as online platforms.
Amendment 246 #
2020/0361(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined persons. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. Concept of 'dissemination to the public' should not apply to cloud services, including business-to-business cloud services, with respect to which the service provider has no contractual rights concerning what content is stored or how it is processed or made publicly available by its customers or by the end-users of such customers, and where the service provider has no technical capability to remove specific content stored by their customers or the end-users of their services. Where a service provider offers several services, this Regulation should be applied only in respect of the services that fall within its scope. __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
Amendment 255 #
2020/0361(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The legal certainty provided by the horizontal framework of conditional exemptions from liability for providers of intermediary services, laid down in Directive 2000/31/EC, has allowed many novel services to emerge and scale-up across the internal market. That framework should therefore be preserved. However, in view of the divergences when transposing and applying the relevant rules at national level, and for reasons of clarity and coherence, that framework should be incorporated in this Regulation. It is also necessary to clarify certain elements of that framework, having regard to case law of the Court of Justice of the European Union, as well as technological and market developments.
Amendment 266 #
2020/0361(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) A provider of intermediary services that deliberately collaborates with a recipient of the services in order to undertake illegal activities does not provide its service neutrally andor the main purpose of which is to engage in or facilitate such activities should therefore not be able to benefit from the exemptions from liability provided for in this Regulation.
Amendment 270 #
2020/0361(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) A provider should be able to benefit from the exemptions from liability for ‘mere conduit’ and for ‘caching’ services when it is in no way involved with the information transmitted. This requires, among other things, that the provider does not modify the information that it transmits. However, this requirement should not be understood to cover manipulations of a technical nature, such as network management, which take place in the course of the transmission, as such manipulations do not alter the integrity of the information transmitted.
Amendment 304 #
2020/0361(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Whilst the rules in Chapter II of this Regulation concentrate on the exemption from liability of providers of intermediary services, it is important to recall that, despite the generally important role played by those providers, the problem of illegal content and activities online should not be dealt with by solely focusing on their liability and responsibilities. Where possible, third parties affected by illegal content transmitted or stored online should attempt to resolve conflicts relating to such content without involving the providers of intermediary services in question. Recipients of the service should be held liable, where the applicable rules of Union and national law determining such liability so provide, for the illegal content that they provide and may disseminate through intermediary services. Where appropriate, other actors, such as group moderators in closed online environments, in particular in the case of large groups, should also help to avoid the spread of illegal content online, in accordance with the applicable law. Furthermore, where it is necessary to involve information society services providers, including providers of intermediary services, any requests or orders for such involvement should, as a general rule, be directed to the actor that has the technical and operational ability to act against specific items of illegal content or that ability originates from the regulatory or contractual provisions, so as to prevent and minimise any possible negative effects for the availability and accessibility of information that is not illegal content. Consequently, providers of intermediary services should act on the specific illegal content only if they are in the best place to do so, and the blocking orders should be considered as a last resort measure and applied only when all other options are exhausted.
Amendment 307 #
2020/0361(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, although they do not fall within the obligations under this Regulations, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
Amendment 314 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature, imposing constant content identification from the entirety of available content. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content.
Amendment 378 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Nonetheless, the provider should have the possibility to reject a given notice if there is another entity with more granular control over the alleged content or the provider has no technical capability to act on a specific content. Therefore, the blocking orders should be considered as a last resort measure and applied only when all other options are exhausted. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
Amendment 452 #
2020/0361(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) In view of the particular responsibilities and obligations of online platforms, they should be made subject to transparency reporting obligations, which apply in addition to the transparency reporting obligations applicable to all providers of intermediary services under this Regulation. For the purposes of determining whether online platforms may be very large online platforms that are subject to certain additional obligations under this Regulation, the transparency reporting obligations for online platforms should include certain obligations relating to the publication and communication of information on the average monthly active recipientend users of the service in the Union.
Amendment 454 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The parameters should include, if applicable, the optimisation goal selected by the advertiser, information on the use of custom lists, information on the use of lookalike audiences and in such case – relevant information on the seed audience and an explanation why the recipient of the advertisement has been determined to be part of the lookalike audience, meaningful information about the online platform’s algorithms or other tools used to optimise the delivery of the advertisement, including a specification of the optimisation goal and a meaningful explanation of reasons why the online platform has decided that the optimisation goal can be achieved by displaying the advertisement to this recipient. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 468 #
2020/0361(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipientactive end users of the service, in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result.
Amendment 471 #
2020/0361(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses may have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipientactive end users exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. In the process of establishing the methodology to calculate the total number of active end users, the Commission should take due account of the different type of platforms and their operations, as well as the potential need for the end user to register, engage in transaction or content in order to be considered as an active end user. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means.
Amendment 487 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms mayshould reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They mayshould also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 539 #
2020/0361(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In the absence of a general requirement for providers of intermediary services to ensure a physical presence within the territory of one of the Member States, there is a need to ensure clarity under which Member State's jurisdiction those providers fall for the purposes of enforcing the rules laid down in Chapters III and IV by the national competent authorities. A provider should be under the jurisdiction of the Member State where its main establishment is located, that is, where the provider has its head office or registered office within which the principal financial functions and operational control are exercised. In respect of providers that do not have an establishment in the Union but that offer services in the Union and therefore fall within the scope of this Regulation, the Member State where those providers appointed their legal representative should have jurisdiction, considering the function of legal representatives under this Regulation. In the interest of the effective application of this Regulation, all Member States should, however, have jurisdiction in respect of providers that failed to designate a legal representative, provided that the principle of ne bis in idem is respected. To that aim, each Member State that exercises jurisdiction in respect of such providers should, without undue delay, inform all other Member States of the measures they have taken in the exercise of that jurisdiction. In addition in order to ensure effective protection of rights of EU citizens that take into account diverse national laws and difference in socio- cultural context between countries, a Member State should exercise jurisdiction where it concerns online social networking services provided by very large online platforms which offer services to a significant number of recipients in a given Member State. Member States jurisdiction is particularly important in case of very large online platforms which are social networks because they play a central role in facilitating the public debate.
Amendment 567 #
2020/0361(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including equality between women and men, and non- discrimination, data protection, competition, electronic communications, audiovisual services, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
Amendment 649 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'active end user' means an individual successfully accessing an online interface and having significant interaction with it, its product or service;
Amendment 689 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any specific information,, which, in itself or by its reference to an or activity, including the sale of products or provision of services, which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
Amendment 698 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, stores and disseminates to the public information, unless that activity is a minor andor a purely ancillary feature of another service or functionality of the principal service and, for objective and technical reasons, cannot be used without that other service, and the integration of the feature or functionality into the other service is not a means to circumvent the applicability of this Regulation.
Amendment 703 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘online social networking service’ means a platform that enables end users to connect, share, discover and communicate with each other across multiple devices and, in particular, via chats, posts, videos and recommendations;
Amendment 710 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘dissemination to the public’ means taking an active role in making information available, at the request of the recipient of the service who provided the information, to a potentially unlimited number of third parties;
Amendment 748 #
2020/0361(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, or an improvement of the security of that transmission, the service provider shall not be liable for the information transmitted, on condition that the provider:
Amendment 750 #
2020/0361(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Article shall not affect the possibility for a court or functionally independent administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement.
Amendment 805 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order via a secure communications channel to act against a specific or multiple items of illegal content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
Amendment 839 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(ca) the actor receiving the order has technical and operational ability to act against specific, notified illegal content and has direct control over it.
Amendment 847 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. The Digital Services Coordinator of each Member State, on its own initiative and within 96 hours of receiving a copy of the order to act through the system developed in accordance with paragraph 4a of this Article, shall have the right to scrutinise the order to determine whether it infringes the respective Member State's law and deem it invalid on its own territory by adopting a reasoned decision.
Amendment 848 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. Where the Digital Services Coordinator adopts a reasoned decision in accordance with paragraph 3a, (a) the Digital Services Coordinator shall communicate that decision to the authority that issued that order and the concerned provider of the service, and, (b) after receiving a decision finding that the content was not in fact illegal, the concerned provider shall immediately reinstate the content or access thereto in the territory of the Member State of the Digital Services Coordinator who issued the decision.
Amendment 854 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Commission shall adopt implementing acts, organising a European information exchange system, allowing for secure communication and authentication of authorised orders between relevant authorities, Digital Services Coordinators and providers, as referred to in Articles 8(1), 8a(1) and 9(1). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 70.
Amendment 856 #
2020/0361(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 861 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order via a secure communications channel to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.
Amendment 901 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact and ensure that information is up to date. Providers of intermediary services shall notify that information, including the name, postal address, the electronic mail address and telephone number of their single point of contact, to the Digital Services Coordinator in the Member State where they are established.
Amendment 916 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Providers of intermediary services shall notify identification data, including the name, postal address, the electronic mail address and telephone number of their legal representative to the Digital Service Coordinator in the Member State where that legal representative resides or is established. They shall ensure that that information is up to date. The Digital Service Coordinator in the Member State where that legal representative resides or is established shall, upon receiving that information, make reasonable efforts to assess its validity.
Amendment 920 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. Providers of online social networking services designated as very large online platform according to Article 25 shall designate a legal representative to be bound to obligations laid down in this Article at the request of the Digital Services Coordinator of the Member States where this provider offers its services.
Amendment 934 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear, plain, intelligible and unambiguous language and shall be publicly available in an easily accessible format.
Amendment 954 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Providers designated as very large online platforms as referred to in Article 25, shall publish their terms and conditions in all official languages of the Union.
Amendment 958 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
2b. The Digital Services Coordinator of each Member State has the right to request very large online platforms to apply measures and tools of content moderation, including algorithmic decision-making and human review reflecting Member State’s socio-cultural context. The framework for this cooperation as well as specific measures related thereto may be laid down in national legislation and shall be notified to the Commission.
Amendment 961 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 c (new)
Article 12 – paragraph 2 c (new)
2c. The Digital Services Coordinator of each Member State, by means of national legislation, may request a very large online platform to cooperate with the Digital Services Coordinator of the Member State in question in handling cases involving the removal of lawful content online that is taken down erroneously if there is reason to believe that the Member State’s socio-cultural context may have played a vital role.
Amendment 980 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 986 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average and median time needed for taking the action;
Amendment 993 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, the average and median time needed for taking those decisions and the number of instances where those decisions were reversed.
Amendment 1003 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. Following an additional individual risk assessment, the Digital Services Coordinator of establishment may extend the exemption to selected medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 1011 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down specific templates of reports referred to in paragraph 1.
Amendment 1036 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. TNotices submitted under the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operatoreviewer can identify the illegality of the content in question. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
Amendment 1044 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exact URL or URLs, and, where necessary, and applicable additional information enabling the identification of the illegal content; which shall be appropriate to the type of content and to the specific type of intermediary;
Amendment 1056 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned where there is no doubt as to the illegality of the specific item of content. In case of uncertainty and after taking reasonable steps to assess the illegality of the specific item of content, withholding from removal of the content by the provider shall be perceived as acting in good faith and shall not lead to waiving the liability exemption provided for in Article 5.
Amendment 1070 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4. Where the provider has no technical, operational or contractual ability to act against specific items of illegal content, it may hand over a notice to the provider that has direct control of specific items of illegal content, while informing the notifying person or entity and the relevant Digital Services Coordinator.
Amendment 1098 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or disable access, or otherwise limit the availability, visibility or accessibility to specific items of information, provided by the recipients of the service, irrespective of the means used for detecting, identifying or removing or disabling access to that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the removal or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 1138 #
2020/0361(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or, small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. Following an additional, individual risk assessment, the Digital Services Coordinator of establishment may extend the exemption to selected medium-sized enterprises.
Amendment 1164 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) any other decisions that affect the availability, visibility or accessibility of that content or the account of the recipient's access to significant features of the platform's regular services.
Amendment 1186 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in Article 18 and other available redress possibilities. The decision mentioned in this paragraph shall also include: - information on whether the decision referred to in paragraph 1 was taken as a result of human review or through automated means; - in case the decision referred to in paragraph 1 is upheld, a detailed explanation on how the information to which the complaint relates to is in breach of the platform’s terms and conditions or why the online platform considers the information to be unlawful.
Amendment 1192 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means. Complainants shall have the right to request human review and consultation with relevant online platforms’ staff with respect to content to which the complaint relates to.
Amendment 1197 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5a. Recipients of the service negatively affected by the decision of an online platform shall have the possibility to seek swift judicial redress in accordance with the laws of the Member States concerned. The procedure shall ensure that an independent judicial authority decides on the matter without undue delay, reaching a decision within 14 working days while granting the negatively affected party the right to seek interim measures to be imposed within 48 hours from when their redress is brought before this judicial authority. The rights to seek judicial redress and to obtain interim measures shall not be limited or subjected to the condition of exhausting the internal complaint-handling system.
Amendment 1254 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. Member States shall establish a mechanism enabling the recipients of the service to contest decisions of out-of-court dispute settlement bodies before a national judicial authority or an administrative authority relevant for resolving disputes related to particular content.
Amendment 1261 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by competent trusted flaggers, addressing allegedly illegal content that can seriously affect public security, policy or consumers' health or safety through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delay.
Amendment 1270 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) it has particular expertise and competence that could be exercised in one or more Member States for the purposes of detecting, identifying and notifying specific types of illegal content;
Amendment 1294 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Digital Services Coordinators shall communicate to the Commission and the Board the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2. This communication shall include the geographical scope within which the trusted flagger competence was recognised based on the approval of a particular Digital Services Coordinator and information on expertise and competence declared by the trusted flagger.
Amendment 1298 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall publish the information referred to in paragraph 3 in a publicly available database and keep the database updated. Notices referred to in paragraph 1 of this Article shall be proceeded with priority with respect to the geographical scope of the trusted flagger, according to awarding of the status by Member States.
Amendment 1300 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
Amendment 1330 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shallProviders of hosting services may suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Amendment 1475 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Online platforms shall publish, at least once every six months, information on the average monthly active recipientend users of the service in each Member State, calculated as an average over the period of the past six months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
Amendment 1533 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. This Section shall apply to online platforms which provide for at least four consecutive months their services to a number of average monthly active recipientend users of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3.
Amendment 1535 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific methodology for calculating the number of average monthly active recipientend users of the service in the Union, for the purposes of paragraph 1. The methodology shall specify, in particular, how to determine the Union’s population and criteria to determine the average monthly active recipientend users of the service in the Union, taking into account different accessibility features.
Amendment 1538 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 1
Article 25 – paragraph 4 – subparagraph 1
The Digital Services Coordinator of establishment shall verify, at least every six months, whether the number of average monthly active recipientend users of the service in the Union of online platforms under their jurisdiction is equal to or higher than the number referred to in paragraph 1. On the basis of that verification, it shall adopt a decision designating the online platform as a very large online platform for the purposes of this Regulation, or terminating that designation, and communicate that decision, without undue delay, to the online platform concerned and to the Commission.
Amendment 1539 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. After receiving the decision about the designation as a very large online platform, the online platform may appeal this decision before the Digital Services Coordinator issuing the designation within 60 days. The Digital Services Coordinator may consult the Board. The Digital Services Coordinator shall especially consider the following information while assessing the appeal: (a) the type of content usually shared and the type of the active end user on a given online platform; (b) the exposure to the illegal content as reported under Article 23 and measures taken to mitigate the risks by the online platform; and (c) the exposure to the systemic risks as referred to in Article 26. The Digital Services Coordinator shall decide on the appeal within 60 days. The Digital Services Coordinator may repeatedly initiate this procedure when deemed necessary, after accepting the appeal.
Amendment 1541 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 b (new)
Article 25 – paragraph 4 b (new)
4b. The Digital Services Coordinator of establishment may request any online platform to submit a report assessing the dissemination of illegal content through their services, when justified by the information provided in the report submitted in accordance with Article 23. If, after thorough assessment, the Digital Services Coordinator has identified the platform in question as posing significant systemic risks stemming from dissemination of illegal content through their services in the Union, the Digital Services Coordinator may then require proportionate compliance with some or all obligations of Articles 26 to 37.
Amendment 1542 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 c (new)
Article 25 – paragraph 4 c (new)
4c. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down specific methodology for the purpose of paragraph 4a and 4b.
Amendment 1693 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in or any otheir systerms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used used to determine the order of presentation of content, including their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameose which decrease the visibility of content, shall set out in their terms that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in these systems.
Amendment 1696 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. The main parameters referred to in paragraph 1 of this Article shall include, at least the following elements: (a) the main criteria used by the relevant recommender system; (b) how these criteria are prioritised; (c) the optimisation goal of the relevant recommender system; and (d) an explanation of the role that the behaviour of the recipients of the service plays in how the relevant recommender system functions.
Amendment 1699 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1 b (new)
Article 29 – paragraph 1 b (new)
1b. Very large online platforms shall provide options for the recipients of the service to modify or influence parameters referred to in paragraph 2, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
Amendment 1700 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where several options are available pursuant to paragraph 1, vVery large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to; (a) select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them; (b) select third party recommender systems.
Amendment 1849 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission and the Board shall encouragehave the right to request and facilitate the drawing up of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data.
Amendment 1855 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may inviteshall request the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1936 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. Member State shall have jurisdiction for the purposes of Chapters III and IV of this Regulation where providers online social networking services designated as very large online platforms are concerned, as defined in Article 25 and which offer services to a significant number of active end users of the service in a given Member State which can be calculated on the basis of Article 23(2).
Amendment 1967 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment. Assessment of the complaint can be supplemented by the opinion of Digital Services Coordinator of the Member State, where the recipient resides or is established, on how the matter should be resolved taking into account national law and socio-cultural context of a given Member State. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.
Amendment 1970 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
Pursuant to paragraph 1 of this Article, the Digital Services Coordinator of establishment, in cases concerning a complaint transmitted by the Digital Services Coordinator of the Member State where the recipient resides or is established, shall assess the matter in a timely manner and shall inform the Digital Services Coordinator of the Member State where the recipient resides or is established, on how the complaint has been handled.
Amendment 1976 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point a
Article 44 – paragraph 2 – point a
(a) the number and subject matter of orders to act against illegal content and orders to provide information, including at least information on the name of the issuing authority, the name of the provider and the type of action specified in the order, issued in accordance with Articles 8, 8a and 9 by any national judicial or administrative authority of the Member State of the Digital Services Coordinator concerned;
Amendment 1981 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. Based on the information published by Digital Services Coordinators, the Commission shall submit to the European Parliament and to the Council a dedicated biennial report analysing the aggregated data on orders referred to in Articles 8, 8a and 9 and issued by the Digital Services Coordinators, with a special attention being paid to potential abusive use of these Articles. The report shall provide a comprehensive overview of the orders to act against illegal content and it shall provide, for a specific period of time, the possibility to assess the activities of Digital Services Coordinators.
Amendment 1982 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 3 a (new)
Article 44 – paragraph 3 a (new)
3a. The Commission shall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011.
Amendment 1988 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. A request or recommendation pursuant to paragraph 1 of this Article shall not preclude the possibility of Digital Services Coordinator of the Member State where the recipient of the service resides or is established, to be able to carry out its own investigation concerning a suspected infringement of this Regulation by a provider of an intermediary service.
Amendment 1994 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 2 a (new)
Article 45 – paragraph 2 a (new)
2a. A recommendation pursuant to paragraphs 1 and 2 of this Article may additionally indicate: (a) an opinion on matters that involve taking into account national law and socio-cultural context; and (b) a draft decision based on investigation pursuant to paragraph 1a of this Article.
Amendment 2011 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 7
Article 45 – paragraph 7
7. Where, pursuant to paragraph 6, the Commission concludes that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to paragraph 4 are incompatible with this Regulation, it shall request the Digital Service Coordinator of establishment to further assess the matter and take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, and to inform it about those measures taken within two months from that request. This information shall be also transmitted to the Digital Services Coordinator or the Board that initiated the proceedings pursuant to paragraph 1.
Amendment 2072 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. The Board shall adopt its rules of procedure, following the consent of and inform the Commission thereof.
Amendment 2086 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point d
Article 49 – paragraph 1 – point d
(d) advise the Commission to take the measures referred to in Article 51 and, where requested by the Commission, adopt opinions on draft Commission measuradopt opinions on issues concerning very large online platforms in accordance with this Regulation;
Amendment 2090 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point e a (new)
Article 49 – paragraph 1 – point e a (new)
(ea) issue opinions, recommendations or advice on matters related to Article 34.
Amendment 2141 #
2020/0361(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. In order to carry out the tasks assigned to it under this Section, the Commission may by simple request or by decision require the very large online platforms concerned, their legal representatives, as well as any other persons acting for purposes related to their trade, business, craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement, as applicable, including organisations performing the audits referred to in Articles 28 and 50(3), to provide such information within a reasonable time period.
Amendment 2281 #
2020/0361(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The delegation of power referred to in Articles 13, 23, 25, and 31 shall be conferred on the Commission for an indeterminate period of time from [date of expected adoption of the Regulation].
Amendment 2283 #
2020/0361(COD)
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. The delegation of power referred to in Articles 13, 23, 25 and 31 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 2286 #
2020/0361(COD)
Proposal for a regulation
Article 69 – paragraph 5
Article 69 – paragraph 5
5. A delegated act adopted pursuant to Articles 13, 23, 25 and 31 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of threefour months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
Amendment 2290 #
2020/0361(COD)
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. By fivthree years after the entry into force of this Regulation at the latest, and every fivthree years thereafter, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee. On the basis of the findings and taking into utmost account the opinion of the Board, that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation.
Amendment 2291 #
2020/0361(COD)
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
Amendment 2295 #
2020/0361(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. It shall apply from [date - thrsixteen months after its entry into force].
Amendment 11 #
2019/2190(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the global trade in goods, including supply chains, has been disrupted not only as a result of the COVID 19 crisis, but also as a result of the trade war preceding the epidemic; whereas the intensity of trade in goods in the common market is linked to the dynamics of the global trade in goods;
Amendment 39 #
2019/2190(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that due to the COVID-19 crisis, it is of paramount importance for the protection of EU citizens that the safety of all products needed to tackle the emergency is the highest, especially for medical and protective equipment, including products from outside the EU; notes that the application of products based on AI, the internet of things or robotics offers solutions that help to combat current and future crises that undermine Europe's strategic position; calls, therefore, on the Commission and Member States to strengthen their coordinated actions both within the product safety framework, and within the Union Product Compliance Network;
Amendment 43 #
2019/2190(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Draws attention to the existing asymmetry in citizens' access to information on the processes by which advanced algorithmic and artificial intelligence systems make decisions; stresses that AI offers more opportunities than threats, as do other breakthrough technologies;
Amendment 48 #
2019/2190(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and the Member States to continuously improve the part of the public administration that will be responsible for regulating and implementing future legislation on breakthrough technologies; notes the risk of a significant asymmetry arising between the development dynamics of selected products and the ability of the public administration to assess them;
Amendment 51 #
2019/2190(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out the need to adapt product safety rules to the digital world, including in terms of consumer protection and removing potential barriers to the development of breakthrough technologies; asks the Commission to address the challenges of emerging technologies such as artificial intelligence (AI), the internet of things (IoT) and robotics in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, while avoiding duplicating legislation; considers the need to establish a dedicated expert group that would offer an innovative approach to the revision of regulations:
Amendment 61 #
2019/2190(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to redefine the term ‘product’ as part of the revision of the GPSD so that it takes into account the negligible physical character of products, in order to reflects the complexity of emerging technologies, including stand-alone software and software or updates which entail substantial modification to the product leading to a de facto new product;
Amendment 69 #
2019/2190(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Agrees AI systems should be safe in order to be trustworthy, as outlined by the High-Level Expert Group in its Ethics Guidelines for trustworthy AI; regrets, at the same time, that the Commission has decided to use the proposed recommendations selectively in its strategies; is convinced that an EU-wide approach to AI, includings crucial for the development of this technology in the EU; stresses the need for a common definition, is nee of the rules in ordedr to avoid further fragmentation of the internal market, which would undermine the trust of citizens and businesses, create legal uncertainty and, weaken the EU’s economic competitiveness and ultimately wreck the very conditions that are conducive to the founding and development of start-ups and businesses that use and carry out research into AI;
Amendment 75 #
2019/2190(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the Commission's Communication (COM(2019)168) taking into account the seven key requirements set out in the guidelines of the High Level Expert Group; feels that basing further regulatory work and the shaping of ethical habits in AI discipline on this foundation will bring benefits at European and global level, given the OECD's consideration of these requirements;
Amendment 79 #
2019/2190(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission, when planning legislation on AI, to consider the investment approach, leaving the regulatory approach only to those areas where intervention is necessary to reduce negative social impacts, promote legal certainty and ensure harmonisation of rules within the EU;
Amendment 80 #
2019/2190(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Considers that the harmonisation of safety rules for products based on breakthrough technologies represents not only a boost to entrepreneurship, but also a more effective and fairer form of consumer protection throughout the single market;
Amendment 85 #
2019/2190(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Commission to jointly develop measures, together with the relevant economic sectors and social organisations, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exis high risk-nature of the applications require it, to ensure the safety and security of products with embedded emerging technologies, and to provide support to SMEs to reduce the burden such measures can create; entities trying to bring their products into line with the prevailing legislation; warns that an overly prescriptive legal structure may create a disproportionate burden, especially for small and medium-sized enterprises, which may consequently drive them out of the market for breakthrough technologies; considers that particular care should be taken with regard to the introduction of a system of mandatory certification, which could further inhibit innovation;
Amendment 92 #
2019/2190(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Commission to propose European benchmarks for 'regulatory sandboxes', drawing on the rich experience of individual Member States; notes that 'regulatory sandboxes' make it possible to verify the compliance of a product with the applicable legislation in a modern way, thereby minimising the risk of harmful effects of modern technology, for example on fundamental rights; points out that creating a single environment for testing and improving technologies such as AI will help European businesses to overcome the barrier of fragmentation of the Single Market and to effectively exploit growth potential throughout the EU;
Amendment 96 #
2019/2190(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recognises the significant role that Digital Innovation Hubs can play in simultaneously acting as an intermediary between the regulator and the company, and in assisting start-ups and small and medium-sized enterprises to adapt to new technology legislation while also facilitating market entry;
Amendment 109 #
2019/2190(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages economic operators to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products, and ensure safety throughout their lifecycle; notes, however, that many economic operators do not always exercise effective control over their products in terms of their entire lifecycle, and that numerous other involved parties are responsible for various product components;
Amendment 130 #
2019/2190(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that the cybersecurity of connected devices can compromise product safety, and that this needs to be addressed in the horizontal revision of the relevant rules in order to avoid a selective approach;
Amendment 132 #
2019/2190(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to speed up its efforts to develop a European cybersecurity certification scheme for AI, IoT and robotics products, and to create mandatory certification schemes for consumer products that can be quickly updated to adapt to current risks without hindering innovation;
Amendment 150 #
2019/2190(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages Member States to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including at cross-border level, improve the efficiency and effectiveness of checks, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, and prevent their circulation in the internal market; stresses, in this context, the particular importance of equipping the relevant authorities with modern equipment, as well as the use of innovative technologies;
Amendment 165 #
2019/2190(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges Member States to carry out relevant studies in order to determine whether there is a need to set minimum sampling rates; and asks market surveillance authorities to carry out sector- specific mystery shopping on a regular basis at least once a year, in particular for the product categories most notified on the Safety Gate (Rapex);
Amendment 211 #
2019/2190(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the Product Safety 7 7 Pledge for online marketplaces, but highlights its voluntary character; calls on the Commission and the limited participation of market operators; calls on the Commission to encourage other online marketplaces to join the initiative, and subsequently to evaluate the role marketplaces could play in improving the detection of unsafe products, and, if it is technically feasible and necessary, to propose mandatory rules on their responsibility, taking into account the special role of SMEs as part of the Digital Services Act, the revision of GPSD and any other relevant legislation; calls on the Commission, if the new regulation is deemed to be justified, to impose obligations evenly, both on marketplaces established in Europe and on operators located outside Europe but offering their goods in the common market; __________________ 7 Product Safety Pledge is a voluntary commitment made by online marketplaces with respect to the safety of non-food consumer products sold online by third party sellers from June 2018.
Amendment 223 #
2019/2190(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Encourages online marketplaces to react as quickly as possible to notifications from Rapex, and to cooperate effectively with the Member States’ competent authorities by immediately withdrawing unsafe products without delay from the moment information is obtained regarding them, and taking measures to avoid that they reappear; asks the Commission to create guidelines for online marketplaces on how to react effectively to unsafe products;
Amendment 229 #
2019/2190(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks online marketplaces to enhance their cooperation, consult Rapexencourage merchants selling on a particular marketplace to consult the Rapex system before placing products on their websites, exchange information on sellers that break the rules, take effective measures against them and their supply chain, and develop an easily accessible tool for consumers to report unsafe products;
Amendment 233 #
2019/2190(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission and the Member States to oblige online marketplaces to create an interface with Rapex, provided that the latter is modernised and made compatible, for example through an application programme interface, in order to ensure that products offered for sale are safe, and to introduce a link to Rapex on their websites so as to raise awareness about this platform;
Amendment 240 #
2019/2190(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiring online platforms to put in place effective and appropriate safeguards to tackle the appearance of advertisements for unsafe products; stresses that such an opinion should be accompanied by a thorough assessment of the impact of such provisions, including potential costs for online marketplaces;
Amendment 253 #
2019/2190(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the fact that the European standardisation programme for 2020 addresses the challenges emerging within the Digital Single Market, such as AI, IoT, protection of data, including health data, cybersecurity and automated mobility; asks the Commission to defsupport the process of shapineg standards allowing the deployment of interoperable technologies to provide for safe EU-wide emerging technologies;
Amendment 25 #
2019/2182(INL)
Draft opinion
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Calls on the Commission to bring forward, on the basis of Article 169(3) and Article 114(1) of the Treaty on the Functioning of the European Union and taking into account existing national regulations, a legislative proposal introducing mandatory screening for the presence of asbestos in buildings before their sale or rental and laying down minimum requifollowing an in-depth analysis to determine the technical framework and conditions for monitoring the premsents for locating and identifying all materials containing asbestos ice of asbestos in buildings; stresses that the monitoring should concern buildings constructed before 2005, or the year in which the national ban on asbestos was introduced, and should be carried out under the following conditions:
Amendment 51 #
2019/2182(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that, once asbestos has been detected and after determining the risks it poses to residents, workers and the environment, the relevant national body should, in cooperation with the owner of the building, investigate the need for the asbestos to be removed; stresses that both the monitoring requirement and the removal of asbestos need appropriate financial support from the EU budget;
Amendment 58 #
2019/2182(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines that the proposed rules should take account of cost-effectiveness and the potential financial burden on building owners and thus possibly higher charges for the users of buildings which are subject to monitoring requirements;
Amendment 60 #
2019/2182(INL)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission to draw up a programme of financial support for Member State actions aimed at removing and safely disposing of asbestos, including information and education activities, given the negative impact of asbestos on people’s health and the considerable cost of detecting and removing it;
Amendment 4 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the internal market remains one of the Union’s greatest and most tangible achievements, bringing benefits to businesses, consumers and citizens across Europe; further deepening the Single Market, reducing red tape that hampers the free movement of services, and developing the Digital Single Market should be prioritised in the 2020 Budget;
Amendment 5 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the internal market remains one of the Union’s greatest and most tangible achievements with actual impact on economic growth in the Member States, bringing benefits to businesses, consumers and citizens across Europe; further deepening the Single Market and developing the Digital Single Market should be prioritised in the 2020 Budget;
Amendment 10 #
2019/2028(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of a robust and efficiently executed consumer policy that gives protection and predictability to consumers both offline and online, and confidence to businesses to provide their goods and services across the internal market;
Amendment 27 #
2019/2028(BUD)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Proposes to introduce, systematically monitor and regularly evaluate the Value for Money principle with aim to improve efficiency of all European expenditures which will contribute to higher effectiveness and bigger added value for European consumers as has been reiterated also by the Court of Auditors on many occasions; the European Union shall emphasise this principle within the budgetary process and EU funds absorption;